State v. Fridley

335 N.W.2d 785 (1983)

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Nature of the Case

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Facts

D was stopped for speeding. A routine driver's license check revealed that D's driver's license had been revoked. D arrested and cited for driving while his license was revoked. D demanded a jury trial. P made a motion in limine requesting: 'that no reference be allowed in the trial of this case to contact by D with the North Dakota Driver's License Division following the date of mailing by the hearing officer's office of the determination on the Defendant's appeal of his license revocation.' D resisted the motion in limine on the grounds that his defense to the charge would rest upon the statutorily defined defense of excuse based upon mistake of law. D's offer of proof was that he contacted by telephone, a person named 'Debbie' of the Driver’s License Division in regard to the procedures necessary for obtaining a work permit to drive. 'Debbie,' told him that he must take a driver's test, that he must forward $10.00 along with his 'SR-22 Form', and that he should send his driver's license with his application for a work permit to the Driver’s License Division. D stated that he was told he would then be without a driver's license for seven days. Fridley testified that he interpreted the substance of his conversation with 'Debbie' to mean that his driver's license would be revoked for a period of seven days commencing only when these requested materials 'hit the Bismarck office.' D did not attempt to subpoena 'Debbie.' The court denied D's request and excluded the evidence in that the statements made by Debbie would be hearsay and were not an official interpretation of the law defining driving while one’s license is revoked. D’s request for a mistake of law instruction was also denied. D was convicted and appealed.