City of Fargo v. Hersch

City of Fargo v. Hersch, 2000 ND 172, 622 N.W.2d 432

Filed Oct. 3, 2000
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2000 ND 172

City of Fargo, Plaintiff and Appellee
v.
Douglas Joseph Hersch, Defendant and Appellant

No. 20000108

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Per Curiam.
Timothy M. O'Keeffe, City Prosecutor, 1129 5th Avenue South, P.O. Box 1897, Fargo, ND 58107-1897, for plaintiff and appellee.
Richard E. Edinger (argued), P.O. Box 1295, Fargo, ND 58107, and L. Patrick O'Day, Jr. (on brief), 1024 3rd Avenue South, P.O. Box 1727, Fargo, ND 58107, for defendant and appellant.

City of Fargo v. Hersch
No. 20000108

Per Curiam.

[¶1] Douglas Joseph Hersch appeals from the trial court's judgment of conviction for driving while under the influence of alcohol. Hersch claims the City of Fargo lacked sufficient evidence to prove beyond a reasonable doubt that Hersch was driving while under the influence of alcohol when the vehicular stop arose from mechanical problems and no blood test was given to determine intoxication. Based upon the evidence favorable to the judgment of conviction and the reasonable inferences therefrom, we conclude the trial court's decision is supported by sufficient competent evidence. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom