STATE v. KVISLEN

Criminal No. 950334.

544 N.W.2d 876 (1996)

STATE of North Dakota, Plaintiff and Appellant, v. Elmo O. KVISLEN, Defendant and Appellee.

Supreme Court of North Dakota.

March 21, 1996.


Attorney(s) appearing for the Case

John Greenwood, State's Attorney, Jamestown, for plaintiff and appellant.

Steven Balaban of Dickson Law Office, Bismarck, for defendant and appellee.


NEUMANN, Justice.

The State appeals an order of the Stutsman County District Court granting Kvislen's motion to dismiss a DUI charge based on double jeopardy grounds. We reverse.

On June 9, 1995, Elmo O. Kvislen was arrested for driving under the influence (DUI). Kvislen was charged with a class A misdemeanor DUI by complaint dated June 22, 1995. On July 7, 1995, an administrative hearing officer suspended Kvislen...

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