890 N.W.2d 821
N.D.2017Background
- Opp was stopped for speeding in the early morning of Oct. 30, 2015, in Grand Forks; observable red, watery, bloodshot eyes and delayed questioning indicated possible intoxication.
- Opp performed field sobriety tests; an assisting officer administered the onsite screening test; Opp was arrested for DUI after testing.
- The officer read the Implied Consent advisory and asked Opp to take the intoxilyzer; Opp repeatedly refused.
- Opp moved to suppress evidence and dismiss the charges; district court denied the motion; a single jury trial occurred on both charges with Opp found guilty of refusing to submit to chemical testing and not guilty of DUI.
- Opp moved for a new trial arguing separate trials were warranted; the district court denied the motion.
- On appeal, Opp challenges Fourth/Fifth Amendment rights and the consolidation of charges, but the Court affirms the district court’s decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of Fourth/Fifth Amendment claims on appeal | Opp's rights were violated during field sobriety testing and questioning. | Issues were not properly preserved in a motion for a new trial. | Not reviewable; preservation required; no obvious-error review. |
| Prejudice from consolidating DUI and refusal charges | Consolidation prejudiced Opp and limited his defense on the refusal charge. | Joinder allowed; no substantial prejudice shown. | Consolidation affirmed; no reversible error due to joinder. |
Key Cases Cited
- State v. Middleton, 2012 ND 181 (2012) (preservation of trial errors via motion for new trial)
- State v. Jordheim, 508 N.W.2d 878 (1993) (preservation requirement for appellate review)
- State v. Ratliff, 2014 ND 156 (2014) (obvious-error review limitations)
- State v. Costa, 2016 ND 65 (2016) (obvious-error review exception)
- State v. Schmidkunz, 2006 ND 192 (2006) (standard for obvious error)
- City of Jamestown v. Hanson, 2015 ND 249 (2015) (abuse-of-discretion standard for new-trial denial)
- Estate of Gassmann, 2015 ND 188 (2015) (abuse-of-discretion standard; joinder considerations)
- State v. Bingaman, 2002 ND 202 (2002) (severance/joinder preservation rule)
- State v. Jennewein, 2015 ND 192 (2015) (joinder prejudice and review of obvious error)