State v. Nagel

This is an appeal by the state from a pretrial order that evidence of defendant’s prior conviction for driving under the influence of intoxicants (DUII) will not be admissible in his forthcoming trial for driving while suspended (DWS) and DUII. Both DUII and DWS are divided into degrees. Defendant is charged with the more serious degree of both because of his prior DUII conviction. A statutory procedure, invoked by defendant, renders evidence of his prior DUII conviction inadmissible if defendant were about to be tried only for DUII. The state’s argument on appeal is that it should…