State v. Johnson

The opinion of the court was delivered by

Abbott, J.:

The trial court dismissed driving while under the influence of alcohol or drugs and reckless driving charges against defendant, Daniel P. Johnson, on the basis of double jeopardy. The State appeals the dismissal of the complaint.

An assigned magistrate judge originally heard the case against the defendant at a bench trial. During the trial, it became obvious the trial could not be completed that day. The judge told counsel that his home district was 5 hours away. The defendant’s counsel indicated that he would be willing to drive to the…