State v. McKenzie

HUNTER, JR., Robert N., Judge.

Bobby McKenzie (“Defendant”) appeals an order (i) reversing the District Court’s order that dismissed his Driving While Impaired (“DWI”) charge; (ii) reinstating his DWI charge; and (iii) remanding his case for trial. Defendant contends the trial court erred because (i) prosecution for DWI subjects him to double jeopardy; and (ii) disqualification of his commercial driver’s license (“CDL”) violated his substantive and procedural due process rights. Upon review, we reverse the trial court’s decision.

I. Facts & Procedural History

Defendant was a commercial truck…