State v. Rhode

OPINION

WILLIS, Judge

Appellant Brian H. Rhode challenges his conviction of violating a driver’s-lieense restriction, arguing that (1) the state did not prove that it had notified appellant of the no-alcohol restriction and (2) because there was no proof that he was given notice of the restriction, the state could not prove a willful violation. Because there was insufficient evidence to show that appellant willfully violated the no-alcohol restriction, we reverse.

FACTS

On February 2, 2000, a Todd County sheriff’s deputy stopped appellant Brian H.Rhode at 3:00 a.m. for driving without a…