United States v. Trogden

OPINION AND REMAND ORDER

REBECCA BEACH SMITH, District Judge.

This case is before the court on the government’s appeal of a magistrate judge’s dismissal of a criminal information, which charged defendant with the misdemeanor of driving under the influence of alcohol. 1 For the reasons stated below, the magistrate judge’s decision is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.

I. FACTS AND PROCEDURAL HISTORY

On August 26, 2006, at approximately 5:15 p.m., defendant Tyler E. Trogden, an enlisted member of the United States Navy, was cited by military…