Martinez v. State

McMurray, Presiding Judge.

Defendant was charged in accusations with driving without proof of liability insurance, driving under the influence of alcohol, and failure to maintain lane. His blood alcohol level tested .132 grams percent on an Intoximeter 5000. Defendant filed a pretrial plea in bar based on double jeopardy, contending that he could not be criminally prosecuted on these charges because an administrative license suspension hearing had already been held and “resolved in defendant’s favor . . . when the arresting officer failed to appear at the scheduled hearing.”

The trial court…