Cach LLC v. Steele
2011 ND 222
| N.D. | 2011Background
- Trevino was charged with reckless driving under N.D.C.C. § 39-08-03(1) after June 2009 driving at high speed toward the police chief's residence and crashing.
- The State sought to exclude Trevino’s mental-health testimony and argued reckless driving was a strict liability offense with no culpability requirement.
- Trevino filed a conditional plea of guilty to reckless driving and reserved appellate rights regarding pretrial rulings.
- The trial court ruled reckless driving is strict liability and barred Trevino from raising lack of criminal responsibility under N.D.C.C. § 12.1-04.1-01, then Trevino pled guilty conditionally.
- On appeal, Trevino argued the court erred by treating reckless driving as strict liability and by denying the lack-of-criminal-responsibility defense; the State did not contest the conditional plea.
- The Supreme Court reversed, held reckless driving is not strictly liable, and remanded to allow Trevino to withdraw her guilty plea and for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is reckless driving a strict liability offense? | State argued reckless driving has no culpability element. | Trevino contends recklessness requires culpability under 12.1-02-02(1)(c). | Not strict liability; requires culpability as defined by statute. |
| Was Trevino’s appeal properly preserved via a conditional plea? | State did not dispute conditional plea validity; record sufficient. | Trevino’s plea preserved the culpability issue for review. | Transcript sufficed to preserve, but best practice requires writing; conditional plea valid here. |
Key Cases Cited
- State v. Kreiger, 138 N.W.2d 597 (N.D. 1965) (reckless driving elements require proof under either subsection)
- State v. Tjaden, 69 N.W.2d 272 (N.D. 1955) (driving without due caution requires higher negligence than civil standard)
- State v. Olson, 356 N.W.2d 110 (N.D. 1984) (distinguishes strict-liability treatment when no culpability defined)
- State v. Blurton, 770 N.W.2d 231 (N.D. 2009) (plea validity requires knowing, intelligent, voluntary entry)
- State v. Proell, 726 N.W.2d 591 (N.D. 2007) (conditional pleas reviewable absent strict formal writing)