North Dakota v. Tompkins
Annotate this CaseBrandon Tompkins was convicted for driving under the influence (“DUI”) and actual physical control (“APC”). Tompkins argued on appeal of the convictions that the district court erred by providing jury instructions merging the offenses of driving or being in actual physical control while under the influence of an intoxicating liquor and refusal to submit to a chemical test, which allowed the jury to convict Tompkins without unanimously agreeing Tompkins committed a singular criminal act. The North Dakota Supreme Court concluded the offenses of driving or being in actual physical control while under the influence of an intoxicating liquor were separate offenses from the offense of refusal to submit to a chemical test, and the jury instructions improperly merged the offenses together. The judgment was reversed and the case remanded for a new trial.
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