Hastings v. State

TAYLOR, Judge.

The appellant, James Allen Hastings, was charged with driving under the influence of alcohol. At his trial in the district court of Morgan County, the appellant challenged the court’s jurisdiction, claiming that the Uniform Traffic Ticket and Complaint (U.T.T.C.) issued to him charged two offenses. At the initial trial in district court, the appellant’s motion to dismiss based on this “duel charge” allegation was denied. Instead, the district court compelled the state to elect which of the two charges it would proceed under. The state elected to prosecute under “.10% or more by…