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City of West Fargo v. Williams

Docket No. 20180447
Oral Argument: Tuesday, May 7, 2019 10:45 AM

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
2019 ND 161930 N.W.2d 102
Oral Argument 5/7/2019

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.

Briefs

Filing Date Description
03/18/2019 APPELLANT BRIEF View
04/09/2019 APPELLEE BRIEF View
04/23/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Luke Thomas Heck - 08133
APPELLANT CITY PROSECUTOR Stephen Roger Hanson - 08585
APPELLEE PRIVATE PRACTICE Drew James Hushka - 08230

(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