BISMARCK, ND – The North Dakota Supreme Court has reversed a district court ruling that suppressed evidence of a chemical breath test and its results.
The case involves Travis Bell, of Fordville.
The case, which was brought to the Supreme Court by the State of North Dakota, centers around an order entered by Judge Ted Sandberg in March suppressing a chemical breath test and subsequent results for Travis Bell. Bell stands accused of a count of criminal vehicular homicide and a separate count of criminal vehicular injury in connection with a June 4 crash near Grand Forks that killed a juvenile female.
“We conclude the court misapplied the law and erred as a matter of law in its decision holding the State failed to prove Bell voluntarily consented to the chemical breath test after being informed of the implied consent advisory,” the Supreme Court’s opinion read.
Bell, in December of last year, asked the court to exclude the test and results, arguing evidence was ‘obtained contrary to statute and in violation of his due process rights,’ the Supreme Court’s ruling stated.
All five justices agreed with the ruling.
