State v. Swartz

WALTERS, Chief Judge.

This is an appeal by Vernon Swartz, Jr. and Harley Forrey from an order of the district court reversing dismissals by a magistrate of misdemeanor citations issued to each defendant. We uphold the district court’s order.

Vernon Swartz, Jr. and Harley Forrey were cited in separate, unrelated incidents while each of them allegedly was operating his motor vehicle while under the influence of alcohol. Subsequently, they each retained the same defense counsel. The attorney filed motions to dismiss the charges. He asserted that the citations were improper and prevented the court…