North Dakota v. Corona

A law enforcement officer stopped a vehicle driven by defendant Crystal Corona on October 19, 2017, after she failed to dim her headlights. The officer thereafter detected the odor of alcohol emanating from Corona, and she refused to submit to an onsite screening test for intoxication and a subsequent Intoxilyzer test. The State charged her with driving under the influence for refusing a chemical test for intoxication. The State appealed the district court order denying the its pretrial motion to allow the introduction of evidence at a jury trial about Corona's refusal to submit to an onsite screening test for intoxication. The North Dakota Supreme Court concluded the State's appeal was not authorized by N.D.C.C. 29-28-07(5), and dismissed the appeal. View "North Dakota v. Corona" on Justia Law