North Dakota v. Nice
Annotate this CaseJasmine Nice appealed a district court judgment entered on her conditional plea of guilty to driving under the influence-refusal-first offense in violation of N.D.C.C. 39-08-01(1)(e)(2) pending an appeal of the court’s order denying her motion to dismiss. Nice argued N.D.C.C. 39-08-01(1)(e) was unconstitutional, the deputy violated her due process rights when he read her the implied consent advisory multiple times, and the State’s failure to execute the search warrant should have resulted in dismissal of the refusal charge. Because Nice refused to take a urine test after a search warrant was secured, the North Dakota Supreme Court affirmed the judgment.
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