State v. Grampus

Gregory, Justice.

Appellant Larry Grampus was indicted, tried and convicted of simple possession of marijuana and felony driving under the influence (felony D.U.I.). He appeals only the latter conviction. We reverse.

On November 4, 1983, appellant was involved in an auto mobile collision in which a 10 year old child was killed. Appellant received three traffic citations at the scene, one of which was for improper use of lanes. Appellant was later indicted for felony D.U.I.

Prior to trial in Magistrate’s Court on the traffic offenses, counsel for appellant contacted the Solicitor’s office and…