City of Fargo v. Nikle

McEvers, Justice.

*390 [¶1] Jared Nikle appeals from a criminal judgment after the district court found him guilty of actual physical control while under the influence in violation of Fargo Municipal Code § 08-0310. On appeal, Nikle argues he was entitled to a jury instruction on the affirmative defense of necessity. We conclude Nikle failed to meet his burden in raising the affirmative defense, and therefore we affirm the criminal judgment.

I

[¶2] In January 2018, Nikle was charged with actual physical control in violation of Fargo Municipal Code § 08-0310 after law enforcement officers found Nikle…