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City of Lincoln v. Matthew Johnston

July 12, 2012

CITY OF LINCOLN,
PLAINTIFF AND APPELLEE
v.
MATTHEW JOHNSTON,
DEFENDANT AND APPELLANT



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.

The opinion of the court was delivered by: Sandstrom, Justice.

N.D. Supreme Court

City of Lincoln v. Johnston,

2012 ND 139

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Sandstrom, Justice.

City of Lincoln v. JohnstonNo. 20120068

[¶1] Matthew Johnston appeals from a criminal judgment after he conditionally pled guilty to driving a vehicle under the influence of intoxicating liquor. He argues a bicycle is not a "vehicle" under N.D.C.C. § 39-08-01. Concluding a bicycle is considered a "vehicle" under N.D.C.C. § 39-08-01, we affirm.

I

[¶2] On August 16, 2011, the City of Lincoln charged Johnston with driving under the influence of intoxicating liquor after a police officer arrested him for driving his bicycle into a parked vehicle while he was under the influence of intoxicating liquor. Johnston moved to transfer the case from municipal court to district court, and the municipal court granted his motion. Johnston then moved to dismiss the charge, arguing a bicycle is not considered a "vehicle" under N.D.C.C. § 39-08-01. The district court denied Johnston's motion, and after a hearing to reconsider the motion, the court again denied it. Johnston conditionally pled guilty to the charge, reserving his right to have this Court review whether a bicycle is considered a "vehicle" for the purposes of driving under the influence of intoxicating liquor. See N.D.R.Crim.P. 11(a)(2).

[¶3] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. Johnston timely appealed from the criminal judgment under N.D.R.App.P. 4(b). We have jurisdiction under N.D. Const. ...


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