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North Dakota v. O'Connor

Document Justia Case Summary Cited authorities 18 Cited in 37 Precedent Map Related
Docket Number20150299
Decision Date28 March 2016
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18 cases
  • Gillmore v. Levi
    • United States
    • North Dakota Supreme Court
    • April 12, 2016
    ...driver who has not been provided a complete chemical test implied consent advisory. See N.D.C.C. § 39–20–01(3)(b) (2015); State v. O'Connor, 2016 ND 72, ¶ 14, 877 N.W.2d 312. Here the report and notice form states Gillmore "[w]as advised by law enforcement of the implied consent advisory co......
  • Korb v. N. Dakota Dep't of Transp.
    • United States
    • North Dakota Supreme Court
    • October 3, 2018
    ...was inaccurate, misleading, and did not comply with the "specific warning" required by statute. Korb suggests that under State v. O’Connor , 2016 ND 72, 877 N.W.2d 312, any additional language to the implied consent advisory makes subsequent blood test evidence inadmissible. O’Connor is not......
  • City of Bismarck v. Vagts
    • United States
    • North Dakota Supreme Court
    • August 22, 2019
    ...in N.D.C.C. § 39-20-01(3)(a) and as a result her chemical breath test is inadmissible under N.D.C.C. § 39-20-01(3)(b) and State v. O'Connor , 2016 ND 72, 877 N.W.2d 312.[¶10] Under N.D.C.C. § 39-20-01, when an individual is placed under arrest for driving under the influence of alcohol or d......
  • Alvarado v. N. D. Dep't of Transp.
    • United States
    • North Dakota Supreme Court
    • September 12, 2019
    ...§ 39-20-01(3)(a). Before a chemical test may be administered, law enforcement must read the "complete implied consent advisory." State v. O'Connor , 2016 ND 72, ¶ 1, 877 N.W.2d 312. For an advisory to be considered "complete," all substantive information in the statute must be communicated ......
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