State v. Schmidt

OPINION

WORKE, Judge.

The district court granted respondent’s motion to dismiss counts one and two of a four-count criminal complaint, charging respondent with one count of first-degree DWI, in violation of Minn.Stat. § 169A.20, subd. 1(1) (2002); one count of first-degree refusal, in violation of Minn.Stat. § 169A.20, subd. 2 (2002); one count of driving after revocation, in violation of Minn.Stat. § 171.24, subd. 2 (2002); and one count of open bottle, in violation of Minn.Stat. § 169A.35, subd. 3 (2002). On this appeal from the district court’s pretrial order, the state contends that the…