State v. Rohde, s. 980161C

Decision Date22 October 1998
Docket Number980214CA,980213C,Nos. 980161C,s. 980161C
Citation595 N.W.2d 603
Parties1998 ND APP 13 NOTICE: "SUMMARY DISPOSITION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1(a)." STATE of North Dakota, Plaintiff and Appellee, v. Kevin Eugene ROHDE, Defendant and Appellant. CITY OF VALLEY CITY, Plaintiff and Appellee, v. Kevin Eugene ROHDE, Defendant and Appellant.
CourtNorth Dakota Court of Appeals

Robin Huseby, State's Attorney, Courthouse, NW, Room, Valley City, ND, for plaintiff and appellee.

Kevin Eugene Rohde, Valley City, ND, Defendant, pro se.

PER CURIAM.

¶1 In these consolidated appeals from convictions for driving while under suspension and driving without liability insurance, Kevin Eugene Rohde asserts the trial court erroneously refused to dismiss the charges against him because he has a constitutional right to operate a motor vehicle on the roads of North Dakota without a valid drivers license. The North Dakota Supreme Court has rejected this identical argument in the past. See City of Bismarck v. Stuart, 546 N.W.2d 366, 367 (N.D.1996); State v. Kouba, 319 N.W.2d 161, 163 (N.D.1982). See also State v.. Ertelt, 548 N.W.2d 775, 776-77 (N.D.1996). Accordingly, we affirm the convictions under N.D.R.App.P. 35.1(a)(1) and (7).

¶2 David W. Nelson, D.J.

Maurice R. Hunke, D.J.

Gerald G. Glaser, S.J.

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1 cases
  • State v. Nowik, 20000149CA
    • United States
    • Court of Appeals of North Dakota
    • December 27, 2000
    ...has a constitutional right to operate a motor vehicle on the roads of North Dakota without a valid driver's license. State v. Rohde, 1998 ND App 13, 1, 595 N.W.2d 603. The legislative requirement, under N.D.C.C. 39-06-01, that every person who operates a motor vehicle on public roads must h......

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