State v. Vigen

Docket No. 20180394
Oral Argument: Thursday, April 25, 2019 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Brent Vigen, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2018-CR-02104
South Central Judicial District, Burleigh County
James S. Hill

Parties' Statement of Issues

  • Appellant

    The trooper did not inform Vigen of a complete and specific implied consent advisory under N.D.C.C. § 39-20-01(3)(a). Therefore, the chemical test evidence should have been declared inadmissible and suppressed, according to N.D.C.C. § 39-20-01(3)(b), State v. O'Connor, 2016 ND 72, 877 N.W.2d 312, and its progeny

  • Appellee 1

    Whether an officer substantially complies with the requirements of N.D.C.C. § 39-20-01(3)(a) when he omits "or urine" from the North Dakota implied consent advisory.


Summary

Brent Vigen was arrested and charged with driving under the influence. Vigen filed a motion to suppress evidence and asked the trial court to suppress the results of his chemical breath test because the state trooper did not comply with statutory law related to the implied consent advisory.
The State filed a response brief opposing suppression. An evidentiary hearing was held, and the district court took the matter under advisement. The court eventually denied Vigen’s motion to suppress evidence. Vigen entered a conditional plea of guilty to the charge of DUI, pursuant to N.D.R.Crim.P. 11 (a)(2), specifically reserving the right to appeal the district court’s ruling on his motion to suppress evidence. The court approved the conditional plea of guilty and entered a criminal judgment.
On appeal, Vigen argues the State’s chemical test evidence is inadmissible because the trooper failed to provide Vigen with a complete and specific implied consent advisory.


Briefs

Filing Date Description
01/22/2019 APPELLANT BRIEF View
02/21/2019 APPELLEE BRIEF View
03/07/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Conor Kennelly - 07837
APPELLANT PRIVATE PRACTICE Danny Lee Herbel - 05769

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

Seq. # Filing Date Description Attachment
1 10/26/2018 NOTICE OF APPEAL : 10/26/2018
2 10/26/2018 ORDER FOR TRANSCRIPT : 10/29/2018
3 10/29/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/29/2018 Notice served on Dan Herbel and Conor Kennelly
5 11/26/2018 ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-38)
6 12/13/2018 ELECTRONIC TRANSCRIPT DATED OCTOBER 9, 2018 & C.O.S.
7 12/13/2018 DISK (emailed)
8 01/22/2019 APPELLANT BRIEF View
9 01/22/2019 E-FILED BRIEF
10 01/22/2019 APPELLANT APPENDIX
11 01/22/2019 E-FILED APPENDIX
12 01/29/2019 Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating
13 01/31/2019 Rec'd $25 surcharge for ATB (receipt #26872)
14 02/21/2019 APPELLEE BRIEF View
15 02/26/2019 Rec'd 6 copies of AEB from Central Duplicating
16 03/07/2019 REPLY BRIEF View
17 03/13/2019 Rec'd 6 copies of RYB from CSD
18 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
19 03/21/2019 Rec'd $25 surcharge for AEB (Receipt #26956)