City of Helena v. O'Connell

Justice Ingrid Gustafson delivered the Opinion of the Court.

*319***180¶1 Defendant Kristi Anne O'Connell appeals from a First Judicial District Court order upholding the denial of her motion to dismiss her driving under the influence charge. We affirm.

¶2 We restate the issue on appeal as follows:

Whether the District Court correctly upheld the Municipal Court's denial of O'Connell's motion to dismiss her driving under the influence charge as violative of her statutory protection against multiple prosecutions and her constitutional protection against double jeopardy.

***181FACTUAL AND PROCEDURAL…