City of Bismarck v. King
North Dakota Supreme Court
924 N.W.2d 137 (2019)
Paul King (defendant) was pulled over by Bismarck police and taken into custody for driving under the influence. King was asked to submit to a breath test to confirm his level of inebriation, and he refused. The City of Bismarck (plaintiff) had a city ordinance making it illegal to refuse chemical testing. King was charged with operating a motor vehicle while under the influence or for refusing a chemical test. King underwent a jury trial and requested that specific jury instructions be given before deliberation. King requested that the court include instructions on confusion as a defense to refusing to take the test, arguing that if the jury found that he was confused when offered the test, he could be acquitted. The court denied King’s request, and the jury found King guilty of refusing to submit to chemical testing. King appealed to the North Dakota Supreme Court, claiming that the trial court erred in denying his requested jury instructions.
Rule of Law
Holding and Reasoning (McEvers, J.)
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