State v. Leppert, 2014 ND 207

Leppert was found guilty of driving without liability insurance after a traffic stop for speeding on Sept 3, 2013.
Evidence at a bench trial came from a deputy's testimony about the stop and the issued citation, and the district court convicted Leppert and imposed a $150 fine.
Leppert appealed, arguing the district court denied cross-examination and challenging the applicability/enactment of N.D.C.C. § 39-08-20.
The State argued the conviction is not appealable and cited § 39-06.1-03(5) and a 2014 Attorney General opinion interpreting HB 1263 to allow noncriminal procedures.
HB 1263 amended § 39-08-20, making driving without liability insurance a noncriminal traffic offense eligible for noncriminal procedures under ch. 39-06.1.
The Supreme Court dismissed the appeal, holding that a first-time driving without liability insurance offense is a noncriminal traffic offense and not appealable to the Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the appeal from a driving without liability insurance conviction admissible in the Supreme Court?	State argues the offense is noncriminal and not appealable to this Court.	Leppert maintains rights or procedural issues but seeks review of guilt.	appeal dismissed

State v. Walch, 499 N.W.2d 602 (N.D. 1993) (noncriminal appeal limitations apply to traffic offenses)
Zahn v. Graff, 530 N.W.2d 645 (N.D. 1995) (trial anew means new trial, not de novo review)
Werlinger v. Champion Healthcare Corp., 598 N.W.2d 820 (N.D. 1999) (agencies opinions deserve deference if persuasive)
North Dakota Fair Housing Council v. Peterson, 625 N.W.2d 551 (N.D. 2001) (attorney general opinions persuasive when interpreting statutes)