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DAY v. HASKELL

No. 20110096.

799 N.W.2d 355 (2011)

2011 ND 125

David Allen DAY, Petitioner v. Judge Bruce B. HASKELL, Judge of the District Court, South Central Judicial District, and State of North Dakota, Respondents.

Supreme Court of North Dakota.

June 24, 2011.

Attorney(s) appearing for the Case

Justin Jacob Vinje , Bismarck, N.D., for petitioner.

Lloyd Clayton Suhr (argued), Bismarck, N.D. and Tyrone Jay Turner (on brief), Bismarck, N.D., Assistant State's Attorneys, for respondents.

MARING, Justice.

[¶ 1] David Allen Day petitioned for a supervisory writ, requesting that we direct the district court to vacate its order denying his motion to dismiss. We grant the petition for a supervisory writ, concluding double jeopardy prohibits the district court from retrying Day for driving under the influence of alcohol, and we direct the court to vacate its order denying Day's motion to dismiss and to enter an order dismissing the complaint.

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