State v. Stroh
800 N.W.2d 276
| N.D. | 2011Background
- Stroh was convicted of driving under the influence after a jury trial.
- Officer observed speeding, smelled alcohol, conducted field sobriety tests, and arrested Stroh.
- At jail, Intoxilyzer 5000 test given; first breath test at 11:06 p.m. yielded 0.16 BAC.
- State offered Intoxilyzer test record; defense objected that procedures deviated from approved methods, especially the 20-minute wait.
- District court admitted the test record, denied motions for judgment of acquittal, and the jury convicted.
- Appeals focus on whether the test was fairly administered under N.D.C.C. § 39-20-07(5) and thus admissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Intoxilyzer results | State proven fair administration via scrupulous compliance with approved method. | Unattended periods and tobacco in pocket undermine scrupulous compliance. | District court did not abuse discretion; results admitted. |
| Effect of video showing lapses on fairness | Observations support inference of compliance; lapses did not negate scrupulous compliance. | Video proves failure to maintain continuous surveillance, undermining fairness. | Fair administration still established; video did not compel reversal. |
| Role of the 20-minute waiting period | 20-minute wait was observed; officer testified to ascertainment; no reliance on hypertechnicality. | Unattended intervals and tobacco presence create doubt about wait being observed. | Court affirmed scrupulous compliance and admissibility. |
Key Cases Cited
- Steinmeyer v. Dep’t of Transp., 2009 ND 126 (ND 2009) (approval-based fair administration standard)
- Buchholtz v. Director, North Dakota Dep’t of Transp., 2008 ND 53 (ND 2008) (scrupulous compliance concept reaffirmed)
- Ringsaker v. Director, N.D. Dep’t of Transp., 1999 ND 127 (ND 1999) (foundation for fair administration evidence)
- Henderson v. Director, N.D. Dep’t of Transp., 2002 ND 44 (ND 2002) (test must be shown to be fairly administered)
- State v. Erickson, 517 N.W.2d 646 (ND 1994) (preliminary admissibility and fair administration framework)
- State v. Lamb, 541 N.W.2d 457 (ND 1996) (admissibility linked to fair administration under § 39-20-07)
- State v. Asbridge, 555 N.W.2d 571 (ND 1996) (preliminary admissibility discretion to judge)
- City of Bismarck v. Bosch, 2005 ND 12 (ND 2005) (statutory framework for admissibility of official records)
- State v. Gietzen, 2010 ND 82 (ND 2010) (addressed fair administration and admissibility)
- State v. Zimmerman, 516 N.W.2d 638 (ND 1994) (exceptions to hearsay in § 39-20-07(7), (8), (10))