The State v. Garlepp

Dillard, Judge.

Following a traffic stop, Ryan Garlepp received citations for failing to wear a seat belt and driving with more than 0.02 percent blood-alcohol content while under the age of 21 (“DUI per se (under 21)”). After he paid a fine to dispose of the failure-to-wear-a-seat-belt citation, the State charged him, via accusation, with, inter alia, DUI per se (under 21). Garlepp then filed a plea in bar on the ground of procedural double jeopardy, which the trial court granted. On appeal, the State challenges the grant of Garlepp’s plea in bar, arguing that the trial court erred in…