State v. Baxter

McEVERS, Justice.

[¶ 1] Kyle Lynn Baxter appeals from a criminal judgment entered on a conditional plea of guilty to refusal to submit to an onsite screening or chemical test. Because we conclude the criminal refusal statutes do not violate Baxter’s rights under the Fourth Amendment and N.D. Const, art. I, § 8, the unconstitutional conditions doctrine, or the due process clause, we affirm.

I

[¶ 2] On November 21, 2013, a Stark County deputy sheriff pulled over Baxter’s vehicle in Dickinson after observing the vehicle with frost on the windshield weaving, being driven in the opposite lane of…