State v. StuartCriminal Nos. 960209 and 960210

Per Curiam.

Ronald E. Stuart appeals from convictions and sentences on two counts of failure to appear or post bond on traffic citations. Stuart seeks to collaterally attack the validity of the underlying traffic citations, arguing the State cannot criminally charge him for not appearing or posting bond because it is unconstitutional for the State to regulate his driver's license. As we held in Stuart's previous appeal to this court on the same traffic citations, "Stuart cannot now resist the charges of failure to appear by making a collateral attack on the validity of the underlying traffic citations." State v. Stuart, 544 N.W.2d 158, 163 (N.D. 1996); see also City of Bismarck v. Stuart, 546 N.W.2d 366, 367 (N.D. 1996) (explaining the legislature has the constitutional police power to require every person who operates a motor vehicle on public roads to have a valid operator's license). We affirm the district court's convictions under Rule 35.1(a)(7), N.D.R.App.P.

Gerald W. VandeWalle, C.J.
William A. Neumann
Mary Muehlen Maring
Herbert L. Meschke
Dale V. Sandstrom