The North Dakota Supreme Court unanimously reversed a district court ruling that suppressed chemical breath test evidence in a criminal vehicular homicide case. The case involves Travis Bell of Fordville, accused of criminal vehicular homicide and criminal vehicular injury in connection with a June 4th crash near Grand Forks that killed a juvenile female. Judge Ted Sandberg suppressed the breath test and results in March after Bell argued the evidence violated his due process rights. The Supreme Court found Judge Sandberg “misapplied the law,” ruling the state did properly prove Bell voluntarily consented to the breath test after being informed of his rights under implied consent law. All five justices agreed, reversing the suppression and allowing the breath test evidence to be used against Bell in the homicide case.
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