City of Dickinson v. Powell
North Dakota Supreme Court
City of Dickinson v. Powell, 539 N.W.2d 869 (N.D. 1995)
Levine, Meschke, Neumann, Sandstrom, Walle
City of Dickinson v. Powell
Opinion of the Court
The defendants were charged with driving under the influence of alcohol. After their driver’s licenses were administratively suspended, the District Court granted the defendants’ motions to dismiss the criminal charges, reasoning the “successive” criminal prosecution “is a violation of the Double Jeopardy Clause of the United States Constitution.”
Based on our decision in State v. Zimmerman, 539 N.W.2d 49 (N.D. 1995), we reverse the orders of dismissal and remand the cases for further proceedings.
Reference
- Full Case Name
- CITY OF DICKINSON, and v. John Ernest POWELL, Jr., and Appellee CITY OF DICKINSON, and v. Wesley BRENNAN, and Appellee STATE of North Dakota, and v. Curtis J. TOOLEY, and Appellee CITY OF DICKINSON, and v. Blaine J. HALTER, and Appellee STATE of North Dakota, and v. Dixie Lee KIRCHOFNER, and Appellee CITY OF DICKINSON, and v. Nick SCHANTZ, and Appellee STATE of North Dakota, and v. Marvin Adam WEILER, and
- Cited By
- 1 case
- Status
- Published