Case Results of Patrick William Waters

Client was charged with terrorizing with a dangerous weapon and unlawful possession of a firearm but the state failed to call a witness.

In a unanimous decision, the North Dakota Supreme Court sided with our interpretation. The Court held that § 14-09-06.6 does not apply to cases where there is no existing order for “primary residential responsibility.” In other words, when parents are sharing equal time with their children, and a dispute arises requiring court intervention, that case should be treated as an original custody determination — not a modification. As a result, the appropriate legal standard is found in § 14-09-06.2, which outlines a series of “best interest of the child” factors that courts must weigh in deciding where a child should reside.

In North Dakota, Driving Under the Influence (DUI) is a serious offense that occurs when a person operates a motor vehicle while impaired by alcohol, controlled substances, or other intoxicating substances. A DUI charge may arise from a blood alcohol concentration (BAC) of .08% or higher for adult drivers, .04% for commercial drivers, and any detectable alcohol for drivers under 21.

Domestic violence is a serious offense in North Dakota that involves assault or abusive behavior toward a family or household member, current or former spouse, intimate partner, dating partner, or cohabitant. Charges often result from allegations of physical assault, threats, harassment, emotional abuse, or violations of protective orders.

Gross Sexual Imposition (GSI) is one of the most serious criminal offenses in North Dakota. It involves engaging in sexual contact or penetration with another person under circumstances where the act is non-consensual or the victim is legally incapable of consenting. This includes acts committed by force, threat of harm, intimidation, coercion, or involving minors or individuals who are unconscious, impaired, or mentally incapacitated.