Tremelling v. State

Miller, Judge.

Brett R Tremelling was charged in recorder’s court with DUI. He moved to suppress certain evidence and requested a pre-trial hearing. Following the hearing, the recorder’s court dismissed the charge. The State refiled this charge in state court, and Tremelling filed a plea in bar based on double jeopardy. The state court denied the plea in bar, finding that the motions hearing before the recorder’s court was not a trial and that therefore jeopardy had not attached. Tremel-ling appeals this order, claiming that the hearing before the recorder’s court was a trial and also arguing…