State v. Mann

VANDE WALLE, Chief Justice.

[¶ 1] Ruthie Mann appealed from a district court order denying her motion to dismiss a criminal charge for refusing to submit to- chemical testing and from a criminal judgment sentencing her to five years in prison with all but eighteen months suspended. We affirm the district court’s order denying Mann’s motion to dismiss. We reverse the criminal judgment and remand for the district court to enter judgment against Mann for a class B misdemeanor.

I

[¶ 2] During the night of June 16, 2014, a Bismarck police officer approached a vehicle driven by Ruthie Mann. While…