• 2004 - Essential Elements of Offense (Actual Physical Control)
  • K-21.26
    • Alcoholic Beverages
    • Public Crimes
    • Public Crimes
  • The [City’s] [State’s] burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements”

     

    1) On or about [month] [day] [year], in [City] [County], the Defendant, _______________, in _______________ [City] [County], North Dakota, was in actual physical control of a vehicle on a [highway] [street] [or] [on public or private areas to which the public has a right of access for vehicular use]; and

     

    2) Any one of the following:

     

    [The Defendant had an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after being in actual physical control of the vehicle.]

     

    [The Defendant was under the influence of intoxicating liquor.]

     

    [The Defendant was under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely driving.]

     

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    • 39-08-01
    • 39-08-01
  • Notes: