from the District Court of Grand Forks County, Northeast
Central Judicial District, the Honorable Donald Hager, Judge.
W. Gereszek (argued), City Prosecutor and Kristi P. Venhuizen
(on brief), City Prosecutor, for plaintiff and appellee.
Challis Williams (argued), under the Rule on Limited Practice
of Law by Law Students, and Alexander F. Reichert (appeared),
for defendant and appellant.
1] Nicole Jacobson appeals from a criminal judgment entered
after the district court denied her motion to dismiss and she
conditionally pled guilty to driving under suspension or
revocation under Grand Forks City Code § 8-0201. We
conclude the district court erred in analyzing Jacobson's
motion to dismiss under N.D.C.C. § 39-06-42 and failing
to apply relevant municipal code provisions. We reverse and
2] On February 17, 2015, Jacobson was charged in Grand Forks
municipal court with driving under suspension or revocation
in violation of the Grand Forks City Code
("G.F.C.C.") § 8-0201, a class B misdemeanor.
She requested a jury trial, and as provided by N.D.C.C.
§ 40-18-15.1, the case was transferred to Grand Forks
County district court.
3] Jacobson moved the district court to dismiss the case,
contending N.D.C.C. § 39-06-42(3) confers the court with
discretion to dismiss a driving under suspension charge if
the defendant's operator's license is reinstated
within sixty days of the date of the offense. In its response
to Jacobson's motion, the City agreed the district court
had discretion to dismiss the charge, citing N.D.C.C. §
39-06-42(3) and G.F.C.C. § 8-1503, but argued the facts
of this case did not support dismissal.
4] The district court denied Jacobson's motion concluding
N.D.C.C. § 39-06-42(3) did not provide the court any
discretion to dismiss the charge. She subsequently entered a
conditional guilty plea to driving under suspension or
revocation under G.F.C.C. § 8-0201.
5] Jacobson argues the district court erred as a matter of
law in ruling N.D.C.C. § 39-06-42(3) did not provide the
court with discretion to dismiss the charge of driving under
6] Section 39-06-42, N.D.C.C., states in relevant part:
1. Except as provided in section 39-06.1-11, an individual
who operates a motor vehicle on a highway or on public or
private areas to which the public has a right of access for
vehicular use in this state while an individual's
operator's license is suspended or revoked in any
jurisdiction is guilty of a class B misdemeanor for the
first, second, or third offense within a ...