State v. Hoyt

ULRICH, Judge.

John Hoyt appeals from his class B misdemeanor conviction of driving while intoxicated, Section 577.010 RSMo 1994. He asserts that the trial court erred in: 1) overruling his motion to dismiss in that res judicata and collateral estoppel prohibited the state from filing charges again after the first charge was dismissed; 2) denying his motion for dismissal because the criminal prosecution and the license revocation proceeding emanated from the same occurrence, were penalties for the same occurrence, and constituted double jeopardy; 8) overruling his motion for dismissal because…