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State v. Klamm

Supreme Court of North Dakota

November 21, 2013

STATE of North Dakota, Plaintiff and Appellee
v.
Andrew Neal KLAMM, Defendant and Appellant.

Editorial Note:

This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Sonja Clapp, Judge.

Faye A. Jasmer, Assistant State's Attorney, and Ashley K. Champ (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, Grand Forks, N.D., for plaintiff and appellee; submitted on brief.

David C. Thompson, Grand Forks, N.D., for defendant and appellant.

PER CURIAM.

[¶ 1] Andrew Neal Klamm appealed from a district court judgment entered after conditionally pleading guilty to driving under suspension. Klamm argues that a law enforcement officer did not have a reasonable and articulable suspicion to stop his vehicle. We summarily affirm under N.D.R.App.P. 35.1(a)(2), (3), and (7). See Sturn v. Dir., North Dakota Dep't of Transp., 2009 ND 39, ¶¶ 13-14, 763 N.W.2d 515 (Although N.D.C.C. § 39-03-15 requires radar speed check results accepted as prima facie evidence of a motor vehicle's speed, the officer's testimony was not offered to establish a speeding conviction, but rather to establish " a reasonable person in the officer's position would be justified by some objective manifestation to suspect potential unlawful activity." ).

[¶ 2] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, MARY MUEHLEN MARING, and CAROL RONNING KAPSNER, JJ., concur.


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