North Dakota v. Mayland
Annotate this CaseCharles Mayland appealed his conviction for being in actual physical control of a motor vehicle while under the influence. Mayland entered a conditional plea of guilty, preserving his right to appeal the denial of his motion to suppress evidence. He argued he was read the implied consent advisory before being arrested in violation of N.D.C.C. 39-20-01(2), and the statutory remedy for the violation was the exclusion of evidence. Because the statutory exclusion of evidence provided within N.D.C.C. § 39-20-01(3)(b) was limited to the proof of the refusal to submit to testing in administrative proceedings, the North Dakota Supreme Court affirmed.
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