City of Gwinner v. Vincent
Docket No. 20160223
Oral Argument:
Tuesday, December 13, 2016 1:30pm
Docket Info
- Title
- City of Gwinner, Plaintiff and Appellee
v.
Paul Vincent, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 2015-CR-00127
Southeast Judicial District, Sargent County
Daniel D. Narum
2017 ND 82892 N.W.2d 598
Oral Argument
12/13/2016
Highlight
A person arrested for DUI has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test.
The reasonableness of the opportunity to consult with an attorney before taking a chemical test for DUI is evaluated under the totality of the circumstances.
A law enforcement officer provided reasonable opportunity to a DUI arrestee who is unable to reach his lawyer and makes no further requests.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/08/2016 | NOTICE OF APPEAL : 06/08/2016 | |
| 2 | 06/08/2016 | ORDER FOR TRANSCRIPT : 06/14/2016 | |
| 3 | 06/10/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 06/10/2016 | Notice served on Luke T. Heck & Jeffrey K. Leadbetter | |
| 5 | 07/06/2016 | ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-33) | |
| 6 | 07/25/2016 | ELECTRONIC TRANSCRIPT DATED April 14, 2016, & C.O.S. | |
| 7 | 09/06/2016 | APPELLANT BRIEF | View |
| 8 | 09/06/2016 | E-FILED BRIEF | |
| 9 | 09/06/2016 | APPELLANT APPENDIX | |
| 10 | 09/06/2016 | E-FILED APPENDIX | |
| 11 | 09/14/2016 | Received 7 copies of ATB and 6 copies of ATA from CSD | |
| 12 | 09/15/2016 | Received $25 surcharge for ATB (receipt #24785) | |
| 13 | 10/10/2016 | APPELLEE BRIEF | View |
| 14 | 10/10/2016 | E-FILED BRIEF | |
| 15 | 10/13/2016 | PARTIES NOTIFIED THIS MATTER WILL BE PLACED ON DECEMBER 2016 TERM | |
| 16 | 10/11/2016 | Received corrections to AEB (paragraph number Table of Contents) | |
| 17 | 10/14/2016 | Received $25 surcharge for AEB (receipt #24857) | |
| 18 | 10/19/2016 | Received 7 copies of AEB from CSD | |
| 19 | 11/17/2016 | NOTICE OF ORAL ARGUMENT SENT | |
| 20 | 12/13/2016 | APPEARANCES: Luke T. Heck; Jeffrey K. Leadbetter | |
| 21 | 12/13/2016 | ARGUED: Luke T. Heck; Jeffrey K. Leadbetter | |
| 22 | 12/13/2016 | ORAL ARGUMENT WEBCAST (entire argument not webcast due to technical problem) | |
| 23 | 03/23/2017 | ANNOUNCED DISQUALIFICATION : Tufte, Jerod E. | |
| 24 | 03/23/2017 | SITTING WITH THE COURT : Sandstrom, Dale V. | |
| 25 | 04/06/2017 | DISPOSITION | |
| 26 | 04/06/2017 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 27 | 04/06/2017 | Concur in the Result : Sandstrom, Dale V. | |
| 28 | 04/06/2017 | Judgment Sent to Parties | |
| 29 | 05/02/2017 | MANDATE | |
| 30 | 08/08/2022 | EXPUNGED - Nonpermanent record items destroyed |