Risks of Driving ‘High’

Sep 16, 2022 | Criminal | 0 comments

In North Dakota, custody orders—whether for equal residential responsibility (shared parenting time) or primary residential responsibility (when one parent has more than 50% of the parenting time)—are not easily modified.

Once a court has issued an order regarding residential responsibility, changing it requires a strong legal argument. Unless the parties agree to the changes, the parent seeking modification must file a written request to the court and prove their case.

What is the Burden?

The parent seeking modification must prove the following:

Material Change in Circumstances

There must be a significant change in the child’s environment or circumstances that justifies a review of the current custody arrangement. This can include:

- - A parent relocating
  - A child’s expressed preference to live with the other parent
  - A parent’s involvement in illegal activity or domestic violence
  - Changes in the health or safety of the child
  - A child’s development needs that the current arrangement does not adequately address

These changes must have occurred after the last court order was entered. Any facts or circumstances known prior to the order do not constitute a material change in circumstances.

Adverse Effects on the Child

A material change alone is not enough. A recent string of Supreme Court rulings has heightened this burden by requiring a demonstration that the child has experienced actual harm due to the current custody arrangement. This could include:

- - Disruption in the child’s daily routine or stability
  - Withdrawal or isolation
  - Behavioral problems
  - Decline in a child’s physical and/or mental health
  - Decline in the child’s academic performance or social relationships

A mere claim of sadness, anxiety, or other emotions without accompanying evidence of actual harm or detrimental effects on the child will not be enough to justify a modification. They must be supported by tangible, documented evidence, such as medical or school records, expert evaluations, or testimony from individuals with firsthand knowledge.

Modification is Necessary to Serve the Best Interests of the Child

Even after proving a material change and tangible harm to the child, the Court must still determine whether the modification is in the child’s best interest. North Dakota requires courts to consider several factors. For a more thorough analysis of what these 13 factors entail, check out our blog on the best interest factors: https://rosenquistlawoffice.com/blog/family-law/best-interest-of-the-child-factors/.

Conclusion

If you want to modify an existing order or have questions, having an experienced family law attorney at your side can be invaluable. Please get in touch with our office at +1 (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule a free consultation today.

*The information in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon.

Police Officer: “Sir, how high are you?” Marijuana User: “No officer, it’s “Hi, how are you?” Just because it’s called a highway does not mean you’re allowed to drive high.

Marijuana Legality

Presently, 19 states and the District of Columbia, have legalized the recreational use of marijuana. North Dakota (for now) is not one of those. Although legalization of recreational marijuana has increased, marijuana is still considered a ‘drug’ by every state and the federal government. As with many drugs, their combined use with certain activities will not always be in your best interest and may even be illegal.

DUI

When people hear the term “DUI”, they often assume someone is referring to alcohol and only alcohol. In the state of North Dakota however, if a person is under the influence of marijuana while operating a vehicle, they too are at risk of being charged with Driving Under the Influence (DUI).

The Law

North Dakota Century Code 39-08-01(1) is the governing statute regarding DUI’s. It reads, “A person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if … (c) That person is 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.” Regardless of the state and legality, if you decide to get ‘high’, do not drive.

Your Record

How will a marijuana DUI look on your record? N.D.C.C. 39-08-01(3) states, “An individual violating this section or equivalent ordinance is guilty of a class B misdemeanor for the first or second offense in a seven-year period of a class A misdemeanor for a third offense in a seven-year period, and of a class C felony for any fourth or subsequent offense within a fifteen-year period.” These are serious charges. Getting a marijuana DUI is not something your future employer will want to see on your record.

The Punishments

The punishments for a marijuana DUI are not light either, as N.D.C.C. 39-08-01(5)(a)(1) pronounces, “A person convicted of violating this section, or an equivalent ordinance, must be sentenced in accordance with this subsection … For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program.” The punishments are even harsher if someone is injured as a result of your driving under the influence of marijuana.

Don’t Go up in Smoke

Although you may see the marijuana leaf printed on just about anything these days, in North Dakota, recreational marijuana use remains a punishable crime. Not only that but combining use with driving may result in serious charges should you get caught. So, remember, the next time you think it’s a good idea to get ‘high as a kite’ (legally of course), call a ride and do not get behind the wheel.

Charged and Need Help?

If you or someone you know has been charged with driving under the influence (of alcohol, marijuana, or both), contacting an attorney may be in your best interest as they can help protect your legal rights throughout the process. Do not hesitate to contact Rosenquist Law Office at (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule your free consultation.

*The information contained in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon as so.

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