from the District Court of Mountrail County, North Central
Judicial District, the Honorable Richard L. Hagar, Judge.
G. Enget, State's Attorney, Stanley, N.D., for plaintiff
P. Baumann (argued) and Anthony J. Cooper (on brief),
third-year law student, under the Rule on Limited Practice of
Law by Law Students, Minot, N.D., for defendant and
1] Brian Vanberkom appeals from a criminal judgment entered
after the district court found him guilty of reckless
driving. Because there was sufficient evidence of reckless
driving and double jeopardy did not bar prosecution, we
2] In April 2017, Deputy Robert VanWinkle was dispatched to a
one-vehicle crash at an intersection on Highway 8 in
Mountrail County. The intersection is a "T"
intersection, where a westbound roadway ends when it meets
Highway 8. Deputy VanWinkle found the vehicle at rest
approximately 150 yards from the road. He testified that the
vehicle appeared to have been traveling westbound and that
skid marks on the road started before the stop sign at the
intersection and extended across the road, where the car went
through a fence and into a slough.
3] According to Deputy VanWinkle, Vanberkom was the only
occupant of the vehicle and stated he was coming from
Kenmare. Deputy VanWinkle concluded that speed was a factor
in the crash. When asked whether he had been drinking that
night, Vanberkom replied that he "drank approximately 10
to 12 beers" and told Deputy VanWinkle he should not
have been driving.
4] Vanberkom was cited for three moving violations, including
N.D.C.C. § 39-09-01.1 ("Care required in operating
vehicle"). He was also charged with reckless driving.
The district court found Vanberkom guilty of reckless driving
in violation of N.D.C.C. § 39-08-03.
5] Vanberkom argues there was insufficient evidence to find
him guilty of reckless driving.
In reviewing sufficiency of the evidence challenges, we
review the record to determine whether there is sufficient
evidence that could allow a jury to draw a reasonable
inference in favor of the conviction. State v.
Kinsella, 2011 ND 88, ¶ 7, 796 N.W.2d 678 (quoting
State v. Wanner, 2010 ND 121, ¶ 9, 784 N.W.2d
143). "The defendant bears the burden of showing the
evidence reveals no reasonable inference of guilt when viewed
in the light most favorable to the verdict."
Id. We do not reweigh conflicting evidence or judge
the credibility of witnesses. Id. State v.
Truelove, 2017 ND 283, ¶ 7, 904 N.W.2d 342. A
person is guilty of reckless driving "if the person
drives a vehicle: 1. Recklessly in disregard of the rights or
safety of others; or 2. Without due caution and
circumspection and at a speed or in a manner so as to
endanger or be likely to endanger any person or the property
of another." N.D.C.C. § 39-08-03.
6] There was evidence presented sufficient to support a
conviction under subsection 2. Vanberkom was the only
occupant of the vehicle. He stated he was coming from Kenmare
and never claimed any other person drove. Deputy VanWinkle
testified that skid marks on the road started before the stop
sign and went across the road where the car went into a
slough; that the vehicle came to rest approximately 150 yards
from the road; that a fence was demolished; that speed was a
factor in the crash; that Vanberkom acknowledged that he
"drank approximately 10 to 12 beers"; and that
Vanberkom told him he should not have been driving. Reviewing
this evidence in a light most favorable to the prosecution
and giving the ...