State Ex Rel. Betts v. Scott

Miller, Justice:

The principal question presented by this original proceeding in prohibition is whether double jeopardy principles bar a reprosecution where the first trial was ended by the defendant’s motion for mistrial. The basis for the mistrial here was the failure of the prosecution to comply completely with our evidentiary rules regarding the admissibility of relator’s blood alcohol test. A question is also raised as to the validity of the conviction under our statute relating to second offense drunk driving.

On May 16 and 19, 1978, relator Kenard Betts was tried in the Circuit Court of…