City of West Fargo v. Williams
Docket Info
- Title
- City of West Fargo, Plaintiff and Appellant
v.
Tyler Clark Williams, Defendant and Appellee - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 2018-CR-02455
East Central Judicial District, Cass County
Thomas R. Olson
Highlight
The right to an additional independent test under N.D.C.C. § 39-20-02 only arises when the driver submits to the chemical test requested by law enforcement.
An on-site screening test under N.D.C.C. § 39-20-14(3) is not the same as a chemical test under N.D.C.C. § 39-20-01(1) and therefore a person is not an “individual tested” under N.D.C.C. § 39-20-02 by virtue of his submission to on-site screening tests. Likewise, a person is not statutorily entitled to an independent test of his choosing because he submitted to on-site screening tests since a test in addition to “any administered” under N.D.C.C. § 39-20-02 refers to any administered chemical tests.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 12/21/2018 | NOTICE OF APPEAL : 12/21/2018 | |
2 | 12/21/2018 | ORDER FOR TRANSCRIPT : 12/21/2018 | |
3 | 12/21/2018 | STATEMENT OF PROSECUTING ATTORNEY | |
4 | 12/21/2018 | Notice served Stephen R. Hanson II and Luke T. Heck | |
5 | 12/21/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
6 | 01/21/2019 | ELEC. RECORD ON APPEAL DATED JANUARY 18, 2019 (ENTRY NOS.1 - 35) | |
7 | 01/21/2019 | AMENDED ELEC. RECORD ON APPEAL DATED JANUARY 18, 2019 (ENTRY NOS.1 - 8, 10 - 27, 29 - 36) NOT REC. | |
8 | 01/21/2019 | #9 (DELETED) AND #28 | |
9 | 02/06/2019 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 13, 2018 & C.O.S. | |
10 | 02/07/2019 | 2ND AMENDED ELEC. RECORD ON APPEAL DATED FEBRUARY 6, 2019 (ENTRY NOS. 1-8, 10-27, 29-37) | |
11 | 02/11/2019 | Received by U.S. Mail, docket entry 28 (DVD) | |
12 | 03/18/2019 | APPELLANT BRIEF | View |
13 | 03/18/2019 | APPELLANT APPENDIX | |
14 | 03/21/2019 | Rec'd 6 copies of ATB & ATA from Central Duplicating | |
15 | 03/21/2019 | Rec'd $25 surcharge for ATB (receipt #26957) | |
16 | 04/09/2019 | APPELLEE BRIEF | View |
17 | 04/15/2019 | Rec'd 6 copies of AEB back from Central Duplicating | |
18 | 04/17/2019 | Rec'd $25 e-filing surcharge for AEB | |
19 | 04/23/2019 | NOTICE OF ORAL ARGUMENT SENT | |
20 | 04/23/2019 | REPLY BRIEF | View |
21 | 04/24/2019 | Rec'd 6 copies of RYB from Central Duplicating | |
22 | 05/07/2019 | APPEARANCES: Stephen R. Hanson II; Luke T. Heck | |
23 | 05/07/2019 | ARGUED: Stephen R. Hanson II; Luke T. Heck | |
24 | 05/07/2019 | ORAL ARGUMENT WEBCAST | |
25 | 06/27/2019 | DISPOSITION | |
26 | 06/27/2019 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
27 | 06/28/2019 | Judgment Sent to Parties | |
28 | 07/19/2019 | MANDATE | |
29 | 07/22/2019 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |