Ding v. Director, North Dakota Department of Transportation

The issue in this case arises out of the fact the report was dated and certified prior to the receipt of the blood-alcohol level from the State Toxicologist. Section 39-20-03.1(3), NDCC, provides that the report is to be a “certified written report in the form required by the commissioner (director) .... ” The form prescribed by the Director contained the following statement: “I personally certify as a law enforcement officer that this written report is true and correct to the best of my knowledge at the time of writing this report.”

The problem, of course, is that the “time of writing the…