North Dakota Supreme Court, 1995

City of Dickinson v. Powell

City of Dickinson v. Powell
North Dakota Supreme Court · Decided November 30, 1995 · Levine, Meschke, Neumann, Sandstrom, Walle
539 N.W.2d 869 (North Western Reporter, Second Series)

City of Dickinson v. Powell

Opinion of the Court

SANDSTROM, Justice.

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.

VANDE WALLE, C.J.,and NEUMANN, LEVINE and MESCHKE, JJ„ concur.

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