State v. Paul
Case Date: 06/07/2007
Docket No: 20070025
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State v. PaulNo. 20070025 Per Curiam. [¶1] Justin Paul appeals from the district court's judgment for driving while under suspension (DUS) and an order granting the State's motion in limine, which prevented Paul from presenting an excuse or mistake of law defense. We summarily affirm under N.D.R.App.P. 35.1(a)(7), concluding those defenses are not applicable to a prosecution for DUS in the absence of extraordinary circumstances. State v. Fridley, 335 N.W.2d 785, 786-87 (N.D. 1983) (precluding affirmative defenses to DUS prosecutions as a matter of law); see also State v. Rasmussen, 524 N.W.2d 843, 845 (N.D. 1994) (carving a narrow exception to Fridley, which is applicable only where life-threatening circumstances are present). [¶2]Gerald W. VandeWalle, C.J. |