Legal Opinion
State v. Birchfield
North Dakota Supreme Court
Decided January 15, 2015No. 20140109PublishedCited by 49 opinions
1Opinion of the Court
McEVERS, Justice.
[¶ 1] Danny Birchfield appeals from a criminal judgment entered on a conditional plea of guilty to class B misdemeanor refusal to submit to a chemical test in violation of N.D.C.C. § 39-08-01, reserving his right to appeal the district court’s denial of his motion to dismiss the charge on constitutional grounds. Because we conclude the criminal refusal statute does not violate Birchfield’s rights under the Fourth Amendment or N.D. Const, art. I, § 8, we affirm the criminal judgment.
I
[¶ 2] On October 10, 2013, Birchfield drove into a ditch in Morton County. A highway patrol…
2Cases cited32 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
- Missouri v. McNeelySupreme Court of the United States · 2013
- Jenkins v. AndersonSupreme Court of the United States · 1980
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3Cited by49 opinions
- Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
- Auto Services Co., Inc. v. KPMG, LLPCourt of Appeals for the Eighth Circuit · 2008
- State v. RyceSupreme Court of Kansas · 2016
- Beylund v. LeviNorth Dakota Supreme Court · 2015
- State v. O'ConnorNorth Dakota Supreme Court · 2016
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