State v. Anderson

¶1 John Henry Anderson (Anderson) appeals the Seventh Judicial District Court’s denial of his motion to dismiss charges of driving while under the influence of alcohol (DUI). He contends that the District Court’s order violates the Montana Constitution’s prohibition against double jeopardy under our decision in State v. Guillaume, 1999 MT 29, 293 Mont. 224, 975 P.2d 312. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 This is the second appeal to this Court arising out of DUI charges filed against Anderson in August of 1996. In both appeals Anderson alleges that he has been subject to multiple…