State v. Vigen
- State of North Dakota, Plaintiff and Appellee
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
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
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.
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.
(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.|
|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)|
|15||02/26/2019||Rec'd 6 copies of AEB from Central Duplicating|
|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)|