State v. Nice

Vande Walle, Chief Justice.

[¶1] Jasmine Ellen Nice appealed from a district court judgment entered on her conditional plea of guilty to driving under the influence-refusal-first offense in violation of N.D.C.C. § 39-08-01(1)(e)(2) pending an appeal of the court's order denying her motion to dismiss. Nice argues N.D.C.C. § 39-08-01(1)(e) is unconstitutional, the deputy violated her due process rights when he read her the implied consent advisory multiple times, and the State's failure to execute the search warrant should result in dismissal of the refusal charge. Because Nice refused to take a…