GRAND FORKS, ND — The North Dakota Supreme Court heard arguments on Monday, Sept. 8, regarding a DUI test results suppression in the case of Travis Dean Bell, 44, charged with Class A felony Criminal Vehicular Homicide.
Bell faces charges stemming from a June 2024 crash that resulted in the death of 6-year-old Katarina Louthain and serious injuries to her mother, Nicole Louthain. The charges carry a maximum sentence of 20 years.
The initial decision to suppress the DUI test results was made by Judge Theodore Sandberg in March, following arguments from both defense and prosecution. The defense claimed the implied consent law did not apply since Bell was not charged with DUI, while the prosecution argued the arresting officer, North Dakota Highway Patrol Trooper Austin Erickson, acted appropriately under the circumstances.
Assistant Grand Forks County State's Attorney Rachel Egstad, representing the prosecution, noted that the officer provided the standard implied consent advisory based on his observations. She argued that reiterating the advisory was not coercion but a response to Bell's confusion about the testing process.
Defense attorney Drew Hushka contended that providing inaccurate advisories misled Bell, impairing his ability to consent to testing. He emphasized that the trooper was aware of a child's serious injuries when dispatched to the scene.
According to Egstad, the standard for enforcing implied consent must be clear and consistent. The Supreme Court's ruling is pending.