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STATE v. ESCO

CR-03-1035.

911 So.2d 48 (2005)

STATE of Alabama v. James Wesley ESCO, Jr.

Court of Criminal Appeals of Alabama.

April 29, 2005.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellant.

John T. Kirk, Montgomery, for appellee.

SHAW, Judge.

The State of Alabama appeals the trial court's order dismissing a charge of driving under the influence of alcohol ("DUI"), a violation of § 32-5A-191(a)(2), Ala.Code 1975, against James Wesley Esco, Jr., on the ground of double jeopardy.

After a traffic stop on May 10, 2002, Esco was charged with improper lane usage and with DUI. The basis for the traffic stop and the improper-lane-usage charge ...

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