Day v. Haskell

MARING, Justice.

[¶ 1] David Allen Day petitioned for a supervisory writ, requesting that we direct the district court to vacate its order denying his motion to dismiss. We grant the petition for a supervisory writ, concluding double jeopardy prohibits the district court from retrying Day for driving under the influence of alcohol, and we direct the court to vacate its order denying Day’s motion to dismiss and to enter an order dismissing the complaint.

I

[¶ 2] In April 2010, Day was charged by complaint with driving under the influence of alcohol. A jury trial was held in February 2011. After…