State v. Stroh
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
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.
(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 | |
| 30 | 03/11/2021 | EXPUNGED - Nonpermanent record items destroyed |