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State of North Dakota v. Brett Evan Sauer

March 22, 2011

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
BRETT EVAN SAUER, DEFENDANT AND APPELLANT



Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Karen Kosanda Braaten, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme

CourtState v. Sauer,

2011 ND 47

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Opinion of the Court by Kapsner, Justice.

State v. SauerNo. 20100164

[¶1] Brett Sauer appeals from a criminal judgment entered after a jury found him guilty of driving under the influence and violation of a restricted license. We affirm.

I

[¶2] On December 13, 2009, Sauer's vehicle was stopped for speeding in rural Grand Forks County. The law enforcement officer detected an odor of alcohol and noted Sauer's speech was slightly slurred. The officer performed field sobriety tests and arrested Sauer for driving under the influence. The officer transported Sauer to Altru Hospital for a blood alcohol test. A blood sample was taken at the hospital and sent to the Crime Laboratory Division of the Office of Attorney General for analysis. Sauer was charged with driving under the influence, a class B misdemeanor, and violation of a restricted license, a class B misdemeanor.

[¶3] Sauer's attorney served the State with a detailed discovery request. Sauer requested the State disclose numerous items, including:

copies of any and all tests, inspections, experiments, and/or other reviews made by any agency, including the law enforcement agency of the arresting officer and/or the North Dakota State Toxicology Lab regarding any drug or chemical sample associated with this case. This request includes all notes, checklists, or procedural directions, regarding the testing process or any manufacturer, or agency directions/instructions detailing the manner in which any such test, inspection, or experiment is to be performed. The State provided Sauer with a ...


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