State v. Huser

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the State from the trial court’s dismissal of two counts of reckless aggravated battery at the conclusion of the preliminary hearing. The defendant, Dalene Gail Huser, was bound over for trial on one count of driving under the influence (DUI) and one count of refusal to submit to a preliminary screening alcohol test. The State dismissed the two remaining counts of DUI and refusal to submit to an alcohol test and appealed the trial court’s ruling to this court.

At approximately 1:45 a.m. on August 18, 1996, the defendant…