City of Minot v. Miller
- City of Minot, Plaintiff and Appellee
Jonathan Andrew Miller, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
Case No. 2019-CR-01904
North Central Judicial District, Ward County
Stacy Joan Louser
Parties' Statement of Issues
The chemical test should be excluded in that “the officer” who administered the chemical test failed to inform Miller of the North Dakota Implied Consent Advisory, as required under N.D.C.C. § 39-20-01(3)(a).
N.D.C.C. §39-20-01 and §39-20-14, when read together, do not require “the” officer actually performing the Intoxilyzer to be “the” officer to read the North Dakota Implied Consent Advisory.
Jonathan Miller appeals from a criminal judgment entered after a conditional guilty plea.
Miller was arrested by Officer Broome on the charge of driving under the influence on September 22, 2019. Broome read Miller a post-arrest implied consent advisory for a chemical breath test. Broome transferred Miller to the Minot police department, where Officer Olson administered the Intoxilyzer test because Broome was not certified to do so. Officer Broome read Miller the implied consent adviosry. Officer Olson did not read an implied consent advisory to Miller. Miller was charged with driving under the influence. Prior to trial Miller filed a motion in limine to exclude chemical test results which the district court denied. Miller entered a conditional guilty plea to the charge of driving under the influence and reserved his right to appeal. This is an appeal of the criminal judgment entered as a result of Miller’s conditional guilty plea.
Miller argues the district court abused its discretion by denying a motion in limine to exclude Miller’s chemical breath test results in a criminal proceeding. Miller asserts his breath test results should have been excluded in that “the officer” who administered the chemical test was not “the officer” who informed Miller of the implied consent advisory. Miller requests this court reverse the order denying motion in limine.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/10/2020||NOTICE OF APPEAL : 04/10/2020|
|2||04/13/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||04/13/2020||Notice Served on Chad R. McCabe and Morgan R. Glines|
|4||05/08/2020||ELEC. RECORD ON APPEAL DATED MAY 7, 2020 (ENTRY NOS. 1-9, 11-51)(#10 DELETED)|
|5||05/20/2020||MOT. EXT/TIME APPELLANT BRIEF|
|6||05/21/2020||ACTION BY CLERK - Granted : 06/10/2020|
|9||06/10/2020||Oral Argument Request by Appellant|
|10||06/16/2020||Rec'd 5 copies of ATB & 4 copies of ATA from CSD|
|12||07/14/2020||Rec'd 5 copies of AEB back from CSD|
|13||08/13/2020||NOTICE OF ORAL ARGUMENT SENT|
|14||09/21/2020||APPEARANCES: Chad R. McCabe; Morgan R. Glines|
|15||09/21/2020||ARGUED: Chad R. McCabe; Morgan R. Glines|
|16||09/21/2020||ORAL ARGUMENT WEBCAST|