State v. Stroh

Summary

The North Dakota Supreme Court affirmed Joshua David Stroh’s criminal judgment for driving under the influence. The Court held that the district court did not abuse its discretion by finding that the Intoxilyzer test was fairly administered and admitting the test results despite interruptions in the officer’s observation of Stroh during the required 20-minute waiting period.

Holdings

1. The district court did not abuse its discretion in admitting the Intoxilyzer test results because the State established that the test was fairly administered and that the officer ascertained compliance with the approved twenty-minute waiting period.
2. The judgment was affirmed; the record did not establish reversible error in the district court’s denial of Stroh’s motions for judgment of acquittal.

Questions Presented

1. Whether the district court abused its discretion by admitting the Intoxilyzer test results after finding that the State established fair administration and scrupulous compliance with the approved twenty-minute waiting-period procedure.
2. Whether the district court erred by denying Stroh’s motions for judgment of acquittal.

Disposition

affirmed