City of Overland Park v. Barron

The opinion of the court was delivered by

Prager, J.:

This is an appeal by the city of Overland Park, pursuant to K.S.A. 22-3602(b)(l), from an order of the district court of Johnson County dismissing a complaint charging defendant, Donald H. Barron, with driving while under the influence of intoxicating liquor (DUI). Defendant was convicted of DUI in municipal court. He appealed to the district court for a trial de novo. Prior to trial, defendant moved to dismiss the city’s complaint on the basis that he had been subjected to double jeopardy in the municipal court proceedings. The district…