Ex parte Templin

James Templin filed a petition for writ of habeas corpus, asserting that former jeopardy precludes the State from trying him for driving while intoxicated. The trial court granted the writ but denied relief. Templin appeals. For the reasons that follow, we affirm.

Facts

Templin’s trial for driving while intoxicated commenced on March 6,1996, and ended the next day with a hung jury. The State began presenting its case at 1:30 p.m on March 6. Two narcotics task force officers testified that they observed Templin driving erratically and that they reported their observations to the sheriff’s…