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STATE v. McKENZIE

No. COA12-436.

736 S.E.2d 591 (2013)

STATE of North Carolina v. Bobby Lee McKENZIE.

Court of Appeals of North Carolina.

January 15, 2013.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Christopher W. Brooks , for the State.

Hunter & Price, P.A., by Justin B. Hunter and G. Braxton Price , for defendant-appellant.

Tin Fulton Walker & Owen, PLLC, by Noell P. Tin , Matthew G. Pruden , and Jacob H. Sussman , for North Carolina Advocates for Justice, amicus curiae.

HUNTER, JR., ROBERT N., Judge.

Bobby McKenzie ("Defendant") appeals an order (i) reversing the District Court's order that dismissed his Driving While Impaired ("DWI") charge; (ii) reinstating his DWI charge; and (iii) remanding his case for trial. Defendant contends the trial court erred because (i) prosecution for DWI subjects him to double jeopardy; and (ii) disqualification of his commercial driver's license ("CDL") violated his substantive and procedural due...

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