Legal Opinion
State v. Novak
North Dakota Supreme Court
Decided October 3, 1983No. Cr. 937PublishedCited by 25 opinions
1Opinion of the Court
PEDERSON, Justice.
Donald Novak was convicted of being in physical control of a motor vehicle while under the influence of alcohol, a class B misdemeanor (§ 39-08-01(2), NDCC). No-vak appeals, contending that he was not in a public or private area to which the public has a right of access for vehicular use. We do not agree and, accordingly, affirm the judgment of conviction.
Highway Patrolman Neil Johnson, while on routine patrol the evening of December 20, 1982, observed a vehicle parked on the edge of a field, just beyond the ditch off State Highway 17 about ten miles west of Grafton. The…
2Cases cited13 opinions
- State, Department of Public Safety v. JuncewskiSupreme Court of Minnesota · 1981
- People v. GuynnAppellate Court of Illinois · 1975
- State v. GhylinNorth Dakota Supreme Court · 1977
- State v. SchulerNorth Dakota Supreme Court · 1976
- Cook v. StateSupreme Court of Georgia · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Brewer v. ZieglerNorth Dakota Supreme Court · 2007
- Johnson v. Wells County Water Resource BoardNorth Dakota Supreme Court · 1987
- North Dakota Public Service Commission v. Valley Farmers Bean Ass'nNorth Dakota Supreme Court · 1985
- State Ex Rel. Spaeth v. Eddy Furniture Co.North Dakota Supreme Court · 1986
- Lynch v. CommonwealthKentucky Supreme Court · 1995
20 more not listed; retrieve them via the Exa API.