Town of Forks v. Fletcher
Court of Appeals of Washington
1Opinion of the Court
Petrich, A.C.J.
On June 22, 1980, defendant was charged with driving while under the influence of alcohol in violation of a Forks municipal ordinance. In a trial before the Clallam County District Justice Court (District Court), defendant was found guilty of his second DWI offense. He appealed, and on December 23, 1980, a trial de novo was held in Clallam County Superior Court. After both sides had rested, defendant moved to dismiss because the prosecution had not pleaded and proved the ordinance in question. The prosecution moved to reopen its case, but the court, stating that any such motion…
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