DOUGLAS, J.
These cases present the questions whether: 1) a culpable mental state must be alleged and proved in misdemeanor driving while intoxicated cases, and 2) if a culpable mental state must be alleged, whether a defendant who pleads guilty waives his right to challenge subsequently the failure of the State to allege a mens rea.
Both defendants were charged with driving while intoxicated, subsequent offense. This offense is a misdemeanor which...
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