State v. Fridley
335 N.W.2d 785 (1983)
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Rule of Law:
The affirmative defense of mistake of law is not applicable to strict liability criminal offenses, such as driving with a revoked license, for which proof of a culpable mental state is not required.
Facts:
- Gaylord Duane Fridley's driver's license was officially revoked, and he was informed of the hearing officer's decision.
- Following the notice, Fridley telephoned the Drivers License Division in March 1982 to inquire about obtaining a work permit.
- He spoke with an employee named 'Debbie,' who provided instructions on the application procedure, including taking a driver's test and submitting forms and payment.
- Fridley interpreted this conversation to mean his license revocation period would not begin until he submitted these materials to the Bismarck office.
- On April 1, 1982, Fridley was stopped for speeding by Dickinson police.
- A routine check during the traffic stop revealed that Fridley's license was revoked, leading to his arrest.
Procedural Posture:
- Gaylord Duane Fridley was arrested and cited for driving while his license was revoked.
- In the Stark County Court of Increased Jurisdiction, Fridley demanded a jury trial.
- Prior to trial, the State filed a motion in limine to exclude any evidence of Fridley's contact with the Drivers License Division after he received notice of his revocation.
- Fridley opposed the motion, arguing the evidence was necessary to establish an affirmative defense of mistake of law, and requested a jury instruction on that defense.
- The trial court granted the State's motion to exclude the evidence and refused Fridley's proposed jury instruction.
- Following trial, the jury returned a verdict finding Fridley guilty.
- The trial court entered a judgment of conviction and sentenced Fridley to a fine and jail time.
- Fridley (appellant) appealed the judgment of conviction to the Supreme Court of North Dakota.
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Issue:
Does the affirmative defense of mistake of law, based on an alleged unofficial interpretation from a government employee, apply to the strict liability offense of driving with a revoked license?
Opinions:
Majority - Paulson, J.
No, the affirmative defense of mistake of law does not apply to the strict liability offense of driving with a revoked license. The statute criminalizing driving with a revoked license, § 39-06-42, N.D.C.C., is a strict liability offense that does not require the prosecution to prove a culpable mental state. The defense of mistake of law under § 12.1-05-09, which requires a defendant's 'good faith belief' that their conduct was not a crime, is fundamentally incompatible with the concept of a strict liability offense where the defendant's state of mind is irrelevant. Citing commentary from the Proposed Federal Criminal Code, from which North Dakota's statute was adopted, the court noted the defense was not intended to be available for offenses where culpability is not an element. Therefore, as a matter of law, Fridley was precluded from asserting this defense, regardless of his alleged reliance on information from a Drivers License Division employee.
Analysis:
This decision reinforces the distinction between crimes requiring mens rea (a guilty mind) and strict liability public welfare offenses. It clarifies that statutory defenses predicated on a defendant's mental state, such as mistake of law, are logically inapplicable to crimes where mental state is not an element of the offense. The ruling places a heavy burden on individuals to know and comply with administrative orders like license revocations, establishing that informal or mistaken advice from a government employee cannot excuse a violation of a strict liability statute. This strengthens the regulatory power of the state in areas like traffic safety by removing subjective belief as a defense.
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