State v. Armstrong

McGRAW, Justice:

This appeal arises out of the appellant’s 1982 conviction for driving under the influence of alcohol (hereinafter DUI), third offense, in the Circuit Court of Ohio County. The appellant, Bruce Armstrong, was arrested upon a DUI charge in Wheeling, Ohio County, on February 5, 1982. Subsequently, in April of 1982, the appellant was indicted by an Ohio County grand jury for third offense DUI, a felony under the applicable State law. 1

Prior to trial, the appellant filed a “Motion to Dismiss the Indictment, or, in the Alternative, to Strike Prior Convictions,” alleging that he was…