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State v. Long

Docket No. 20200050
Oral Argument: Tuesday, September 8, 2020 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Kimberly Long, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2019-CR-00980
South Central Judicial District, Morton County
James S. Hill
Oral Argument 9/8/2020

Parties' Statement of Issues

  • Appellant

    N.D.C.C. § 39-08-01(1)(f) is ambiguous. Extrinsic aids should be considered to ascertain the legislative intent of N.D.C.C. § 39-08-01(1)(f). After review of extrinsic aids, the refusal charge must be dismissed, because the trooper did not comply with the legislative intentions of N.D.C.C. § 39-08-01(1)(f).

  • Appellee 1

    Is N.D.C.C. § 39-08-01(1)(f) ambiguous, if so, does legislative history provide an aid to interpretation and, does that interpretation require advisory of a "right to refuse" testing?


Summary

Kimberly Long appeals from a criminal judgment after entering a conditional guilty plea to refusal to submit to a chemical test, a class B misdemeanor.

In September 2019, Long was arrested and charged for refusal to submit to a chemical test. Long filed a motion to dismiss and asked the district court to dismiss the charge because the officer did not comply with the requirements of the N.D.C.C. § 39-08-01(1)(f) advisory and the charge was inapplicable to Long’s case. Following a motion hearing, the district court denied Long’s motion. Long subsequently entered a conditional guilty plea to the charge of refusal to submit to a chemical test. The court approved the conditional guilty plea and entered a criminal judgment.

On appeal, Long argues N.D.C.C. § 39-08-01(1)(f) is ambiguous, and extrinsic aids should be considered to ascertain the legislative intent of the statute. Long also argues the trooper did not comply with the legislative intent of the statute.


Briefs

Filing Date Description
06/15/2020 APPELLANT BRIEF View
07/08/2020 APPELLEE BRIEF View
07/22/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Chase R. Lingle - 08401
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 02/21/2020 NOTICE OF APPEAL : 02/21/2020
2 02/21/2020 ORDER FOR TRANSCRIPT : 02/24/2020
3 02/24/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/24/2020 Notice served on Danny L. Herbel and Chase Lingle
5 02/24/2020 Amended Notice of Appeal with Oral Argument requested
6 02/26/2020 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.
7 02/26/2020 Notice served on Danny L. Herbel and Chase Lingle
8 03/18/2020 ELEC. RECORD ON APPEAL DATED MARCH 17, 2020 (ENTRY NOS.1-50)
9 04/14/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 6, 2020
10 05/21/2020 MOT. EXT/TIME APPELLANT BRIEF
11 05/22/2020 ACTION BY CLERK - Granted : 06/09/2020
12 06/05/2020 MOT. EXT/TIME APPELLANT BRIEF
13 06/08/2020 ACTION BY CLERK - Granted : 06/16/2020
14 06/15/2020 APPELLANT BRIEF View
15 06/15/2020 Oral Argument Request by Appellant
16 06/15/2020 APPELLANT APPENDIX
17 06/17/2020 Rec'd copies of ATB & ATA from Central Duplicating
18 07/08/2020 APPELLEE BRIEF View
19 07/08/2020 Oral Argument Request by Appellee
20 07/09/2020 Rec'd non-substantive corrections to AEB
21 07/10/2020 Rec'd 5 copies of AEB back from CSD
22 07/22/2020 REPLY BRIEF View
23 07/24/2020 Rec'd 5 copies of RYB from CSD
24 08/12/2020 NOTICE OF ORAL ARGUMENT SENT
25 09/08/2020 APPEARANCES: Danny L. Herbel; Chase R. Lingle
26 09/08/2020 ARGUED: Danny L. Herbel; Chase R. Lingle
27 09/08/2020 ORAL ARGUMENT WEBCAST