State, City of Maple Grove v. Breuhl

OPINION

DAVIES, Judge.

The state challenges a pretrial order of the district court dismissing misdemeanor charges of careless driving, Minn.Stat. § 169.13, subd. 2 (1998), and inattentive driving, Minn.Stat. § 169.14, subd. 1 (1998). The charges had been dismissed six months earlier upon a finding that respondent was incompetent to assist in her own defense. Minn. R.Crim. P. 20.01, subd. 4(2). Because the district court erred in concluding that a rule 20.01 dismissal prevents the state from recharging a misdemeanor offense, we reverse.

FACTS

Respondent Pamela Jean Breuhl, aged 34, was involved in…