A recently elected North Dakota legislator transferred her driving under the influence case back to Grand Forks Municipal Court Wednesday, waiving her right to a jury trial.
Emily O’Brien, 25, was elected in November to represent District 42 as a Republican in the North Dakota House. She was arrested on suspicion of DUI on July 27 in downtown Grand Forks with a breath test indicating a blood-alcohol content of 0.147 percent, according to a copy of the citation.
O’Brien originally requested her case be moved from Grand Forks Municipal Court to District Court to have a jury trial, court documents show. She filed a document waiving her right to a jury trial Wednesday, moving the case to Municipal Court.
Cases in Municipal Court are resolved either through a bench trial or a change of plea.
The Municipal Court has yet to set a date for her next hearing.
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In August, while the case was in District Court, O'Brien filed an objection to the introduction of an analytical report and requested an order requiring the city of Grand Forks to produce Officer Jorge Elizondo and State Toxicologist Charles Eder as witnesses.
Calls to O’Brien and her attorney Alexander Reichert seeking comment were not answered Thursday.
O’Brien will begin serving District 42 in North Dakota’s 65th Legislative Assembly Jan. 3.
