Cases | Miller v. N.D. Crime Victims Reparations Bd., 448 N.W.2d 197 (N.D. | 2018
The appellant was involved in an altercation and suffered a broken nose. Shortly after the altercation, the appellant was arrested for driving under the influence. After contacting an attorney, he refused to make statements to the police. The crime victims reparations board dismissed his application for benefits on the basis that he failed to fully cooperate with law enforcement authorities. The district court affirmed the dismissal. On appeal, the appellant claimed that he was entitled to invoke his constitutional right against self-incrimination in light of the driving under the influence charge. The appellant also requested attorney’s fees. The court affirmed the board’s judgment. The appellant did not advance pertinent or persuasive authority supporting his view that being required to cooperate fully in conjunction with his claim for civil benefits would deprive him of his constitutional right. The appellant clearly did not fully cooperate with law enforcement in that he insinuated he would take care of the matter himself, refused to file a formal complaint against the assailant, and failed to inform the police deputy of the assailant’s identity. In addition, attorney’s fees were limited to $250 because the appellant did not make a separate motion and support it with an affidavit as to services rendered.