City of Grand Forks v. Riemers

10:00am Monday, June 9, 2008
20070379 City of Grand Forks, Plaintiff and Appellee
v.
Roland C. Riemers, Defendant and Appellant
Appeal from: Northeast Central Judicial District, Grand Forks County, Judge Debbie Gordon Kleven
Nature of Action: Misc. Traffic Violation
Counsel:

Appellant: Pro se
Appellee: Kristen Sue Pettit , City Prosecutor

Issues: Appellant's Statement of the Issues:
I. Did the district court err not requiring a jury trial?
II. Did the district court err by requiring a $15 hearing fee?
III. Did the district court err and deny procedural due process by not having a record made of the hearing?
IV. Did the district court err by accepting 6 hours of radar training in 13 years as adequate?
V. Did the district court err by not finding the radar unit was not properly maintained and repaired?
Appellee's Statement of the Issues:
A. Whether the Defendant's argument demanding a jury trial is moot as a result of this court's recent decision in Sauby v. City of Fargo?
B. Whether the Defendant was denied his constitutional right to a jury trial?
1. There is no constitutional right to a jury trial for a non-criminal traffic offense.
2. The Defendant did not properly request a jury trial.
C. Whether the district court erred by assessing a fifteen dollar ($15.00) hearing fee against the Defendant?
1. The hearing fee requirement is not unconstitutional.
2. This issue is moot due to changes in the city code.
D. Whether the district court erred by not making a record on appeal?
E. Whether the Defendant's guilt was established by preponderance of the evidence?
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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