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CITY OF BISMARCK v. LEMBKE

Cr. No. 950074.

540 N.W.2d 155 (1995)

CITY OF BISMARCK, Plaintiff and Appellee, v. Dennis Lee LEMBKE, Defendant and Appellant.

Supreme Court of North Dakota.

November 30, 1995.

Attorney(s) appearing for the Case

Paul H. Fraase (argued), City Prosecutor, Bismarck, for plaintiff and appellee.

LaRoy Baird, P.C., Bismarck, for defendant and appellant; argued by LaRoy Baird, III.

MESCHKE, Justice.

Dennis L. Lembke appeals his conviction for driving while under suspension. We hold the trial court correctly rejected Lembke's affirmative defense of excuse or justification because he unreasonably formed his belief that a policeman compelled him to drive. We affirm the conviction.

Early November 17, 1993, police responded to a report of a prowler at a house that Lembke rented. Lembke had agreed to move out by the end of November, and had...

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