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State v. Stroh

Docket No. 20100157
Oral Argument: Monday, December 6, 2010 10:00am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Joshua David Stroh, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 09-K-03089
East Central Judicial District, Cass County
Steven L. Marquart
2011 ND 139800 N.W.2d 276
Oral Argument 12/6/2010

Highlight

The admissibility of an Intoxilyzer test result is governed by N.D.C.C. 39-20-07(5).
Fair administration of an Intoxilyzer test may be established by proof that the State Toxicologist's approved method for conducting the test has been scrupulously followed. However, "scrupulous" compliance does not mean "hypertechnical" compliance.
The admissibility of a test result for alcohol concentration is a preliminary question left to the discretion of the trial court.
Observing the person to be tested is not the only manner of "ascertaining" that the subject had nothing to eat, drink, or smoke within twenty minutes prior to the collection of the breath sample.


Briefs

Filing Date Description
09/24/2010 APPELLANT BRIEF (e-filed) View
10/19/2010 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jesse Nathan Lange - 06008
APPELLEE ASST. STATE'S ATTORNEY Tristan Jones Van de Streek - 05849

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/28/2010 NOTICE OF APPEAL : 05/27/2010
2 05/28/2010 ORDER FOR TRANSCRIPT : 05/27/2010
3 06/25/2010 ELECTRONIC RECORD ON APPEAL (Entry nos. 1-39)
4 07/16/2010 TRANSCRIPTS DATED APRIL 27, 2010 AND APRIL 28, 2010, & C.O.S.
5 07/19/2010 DISK-TRA (4/27/10 & 4/28/10) E-MAILED
6 07/13/2010 Electronic Clerk's Supplemental Certificate on Appeal - Entry No. 40
7 08/17/2010 MOT. EXT/TIME APPELLANT BRIEF
8 08/17/2010 E-FILED MOTION
9 08/17/2010 ACTION BY CLERK - Granted : 09/24/2010
10 09/24/2010 APPELLANT BRIEF (e-filed) View
11 09/24/2010 E-FILED BRIEF (ATB)
12 09/24/2010 APPELLANT APPENDIX (e-filed) PDF
13 09/24/2010 E-FILED APPENDIX (ATA) PDF
14 09/29/2010 Received $25 e-filing surcharge for ATB (Receipt #19987).
15 09/30/2010 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING.
16 09/30/2010 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING.
17 10/19/2010 APPELLEE BRIEF (e-filed) View
18 10/19/2010 E-FILED BRIEF (AEB)
19 10/22/2010 Received $25 e-filing surcharge for AEB (Receipt #20026).
20 10/26/2010 Received 7 copies of AEB from Central Duplicating.
21 11/15/2010 NOTICE OF ORAL ARGUMENT SENT
22 12/06/2010 APPEARANCES: Jesse N. Lange; Tristan Van de Streek
23 12/06/2010 ARGUED: Jesse N. Lange; Tristan Van de Streek
24 12/06/2010 ORAL ARGUMENT WEBCAST
25 07/13/2011 DISPOSITION
26 07/13/2011 UNANIMOUS OPINION : Kapsner, Carol Ronning View
27 07/14/2011 Judgment Sent to Parties
28 08/08/2011 MANDATE
29 08/11/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE