[¶ 1] Rоckwell Skarsgard appeals from two criminal judgments following a jury trial in which he was found guilty of resisting arrest, a class A misdemeanor, and being in actual physical control of a vehiсle while under the influence of alcohol (“APC”), a class C felony. We affirm the criminal judgments.
I
[¶ 2] On May 18, 2006, Skarsgard was cited for APC, driving under suspension, and resisting arrest. Deputy Kevin Nelson of the Ward County Sheriffs Department responded to a call from dispatch, reporting that a vehicle was parked in the middle of a county road northwest of Minot. When he arrived at the scеne, Officer Nelson saw an individual slumped over the steering wheel of the running truck. When Officer Nelson opened the front passenger side door to the vehicle, the individual, Skarsgard, woke up. Officer Nelson stated he smelled a strong odor of an alcoholic beverage on Skarsgard’s breath and noticed Skarsgard had bloodshot eyes and slurred speech. Officer Nelson saw an open, partially full vodka bottle sitting on the front seat of the pickup truck. Officer Nelson asked Skarsgard to shut off the vehicle, but Skarsgard refused. Officer Nelson then reached inside of the vehicle and turned it off. He asked Skarsgard to step out of the vehicle. Skarsgard refused, grabbing the steering wheel and attempting to remain in the vehicle while Officer Nelson tried to remove him. Skarsgard was forcibly removed from the vehicle.
[¶ 3] Officer Nelson then read Skars-gard the notice of implied consent and requеsted that Skarsgard perform an SD-2 test. Skarsgard refused. Officer Nelson placed Skarsgard under arrest for APC.
[¶ 4] While attempting to place Skars-gard in his patrol car, Officer Nelson hаd to call for the help of another police officer; Skarsgard would not climb into the back seat of the patrol car until both officers used physical force to place him there. Officer Nelson repeatedly warned Skars-gard he would be charged with resisting arrest, and Skarsgard repeatedly refused to get into the patrol car, despite the warning of an additional charge. Skars-gard was charged with preventing arrest. Officer Nelson then called Minot Central Dispatch to check the status of Skars-gard’s driver’s liсense. Dispatch responded that Skarsgard’s license was suspended or revoked. Skarsgard was charged with driving under suspension (“DUS”). At no point before, during, or after arrest did Officer Nelson read Skarsgard a
Miranda
warning.
Miranda v. Arizona,
[¶ 5] Before trial, Skarsgard filed a motion in limine, requesting that the district court exclude any evidencе of prior driving under the influence (“DUI”) and DUS offenses. The district court denied the motion. Skarsgard filed no other motions in limine, nor did he attempt to raise the issue of the lack of Miranda warning at any time before trial. When the Mi *360 randa issue was rаised at trial, Skarsgard argued that the testimony of Officer Nelson regarding the lack of Miranda warning was necessary in the context of offering “a defense to the charge of preventing arrest.” When Skarsgard raised the Miranda issue during the trial, he did not request that any evidence be suppressed.
[¶ 6] After a motion for acquittal during trial, the district court acquitted Skars-gard of the DUS charge. The APC and preventing arrest charges were given to the jury, which returned guilty verdicts on both charges. For the APC, the court imposed a fine of $1,000 and a sentence of five years with thе Department of Corrections, with two years suspended. This sentence was ordered to run concurrently with a one-year sentence imposed for preventing arrest.
[¶ 7] Skarsgаrd appeals, arguing all evidence derived from the arrest should have been suppressed because the arresting officer failed to deliver a Miranda warning. Skarsgard argues thеre was insufficient evidence to convict him of resisting arrest and this charge should also have been dismissed.
II
[¶ 8] Skarsgard argues the district court erred in failing to suppress all evidence “seized” on May 18, 2006 because the arresting officer failed to provide Skarsgard with a Miranda warning prior to or upon arrest. The failure to give a Miranda warning was not raised until trial was underway. Further, the manner in which the issue was raised at trial was not a request to suppress any evidence acquired after a Miranda warning should have been given. Instead, at trial, Skars-gard argued failure to provide a Miranda warning constituted a defense to the charge of preventing arrest. Skarsgard did not request evidence be suppressed at trial. He merely requested that he be allowed to question the arresting officer abоut the lack of a Miranda warning to demonstrate that the arrest was illegal, which Skarsgard argued created a defense to the preventing-arrest charge. Skars-gard’s counsel did question the deputy about the failure to give a Miranda warning. Only on appeal does Skarsgard raise the issue of suppression for a Miranda violation.
[¶ 9] Because Skarsgard did not provide the district court with а pre-trial motion under N.D.R.Crim.P. 12(b)(3)(C), motion to suppress evidence, he has waived his suppression argument and thus has not properly preserved the issue for appeal. “Rule 12(b), N.D.R.CrimJP., requires certain motions be made before trial, or they are waived.”
State v. Frankfurth,
[¶ 10] Skarsgard does not allege or provide “just cause” for his failure to raise the issue pre-trial at the district court level. He merely asserts that the district court should “be reversed on all counts” because аll of the evidence gathered during the stop is “constitutionally suspect.” Skarsgard does not address the requirements of N.D.R.Crim.P. 12 and does not assert a just cause that would negate his waiver of defenses under this Rule. For these reasons, the issue was not properly preserved on appeal and will not be considered by this Court.
Ill
[¶ 11] Skarsgard argues there was insufficient еvidence to charge him with resisting arrest under N.D.C.C. § 12.1-08-02(1), and, as a result, the dis *361 trict court erred in failing to dismiss the charge. Skarsgard did not make a pretrial motion to dismiss the charge. Rather, on aрpeal, Skarsgard raises the issue and argues it in terms of a challenge to the sufficiency of the evidence to sustain his conviction.
[¶ 12] “In reviewing challenges to the sufficiency оf the evidence, this Court reviews the record to determine if there is competent evidence to support an ‘inference reasonably tending to prove guilt and fairly wаrranting a conviction.’ ”
State v. Brossart,
[¶ 13] Section 12.1-08-02(1), N.D.C.C., provides thе elements needed to sustain a conviction for resisting arrest:
A person is guilty of a class A misdemeanor if, with intent to prevent a public servant from effecting an arrest of himself or another for a misdemeanor or infraction, or from discharging any other official duty, he creates a substantial risk of bodily injury to the public servant or to anyone exceрt himself, or employs means justifying or requiring substantial force to overcome resistance to effecting the arrest or the discharge of the duty.
N.D.C.C. § 12.1-08-02(1).
[¶ 14] Officer Nelson testified he was not sure at what point he placed Skarsgard under arrest, but that he thought the arrest occurred after he removed Skarsgard from Skarsgard’s vehicle and held Skarsgard at the hood of the patrol car. Officer Nelson testified that while attempting to place Skarsgard in his patrol car, he had to call for the help of another police officer because Skarsgard would not climb into the back seat of the patrol car until both officers used physical force to place him there. “A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted.” N.D.C.C. § 12.1-05-03(1). “The question of the reasonableness of [the defendant’s] resisting his arrest [is] properly determined by the fact-finder upon reviewing all of the facts.”
Brossart,
. [¶ 15] We affirm the criminal judgments.