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STATE v. NEELY

No. C0-99-1498.

604 N.W.2d 120 (2000)

STATE of Minnesota, Appellant, v. Albert NMN NEELY, Respondent.

Court of Appeals of Minnesota.

January 11, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Jay M. Heffern, Minneapolis City Attorney, Lee C. Wolf, Assistant City Attorney, Minneapolis, MN (for appellant).

Robert M. Speeter, Speeter, Johnson, Hamilton & Wurst, Minneapolis, MN (for respondent).

Considered and decided by AMUNDSON, Presiding Judge, KALITOWSKI, Judge, and HARTEN, Judge.

OPINION

HARTEN, Judge.

The state appeals from a pretrial order dismissing a complaint charging respondent with multiple counts of gross misdemeanor DWI, arguing that the district court erred as a matter of law in ruling that respondent could not be charged with gross misdemeanor DWI. We reverse and remand for trial.

FACTS

Prior to January 1, 1998, Minn.Stat. § 169.121, subd. 3(c)(1...

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