RUBRIGHT, J., February 6, 1991.
This matter is before the court on defendant's motion to dismiss on the grounds that his prosecution for driving under the influence is barred by the Fifth Amendment's double jeopardy clause based upon the U.S. Supreme Court's decision in Grady v. Corbin, 495 U.S. ___, 110 S.Ct. 2084, 109 L.Ed 2d 548 (1990). The parties have agreed to submit the matter to the court on a stipulation of facts.
The stipulation sets...
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