[DOWNLOAD] "State v. Hewitt" by South Carolina Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State v. Hewitt
- Author : South Carolina Supreme Court
- Release Date : January 05, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In this case, defendant was cited by police for misdemeanor driving while suspended (DWS) and felony driving under the influence of intoxicants (DUII). At arraignment, the prosecutor elected to reduce the misdemeanor DWS charge to a traffic violation, pursuant to ORS 161.566(1). Defendant failed to appear at the trial on the DWS violation, and a default judgment of conviction was entered. Meanwhile, the felony DUII charge was still pending and was scheduled for trial. Defendant moved to dismiss the DUII charge on statutory and constitutional former jeopardy grounds, based on the DWS judgment. The trial court granted the motion, concluding that the fact that the DWS was originally charged as a misdemeanor made it "criminal" in nature, despite the prosecutors later decision to prosecute it as a violation. The state appeals, and we reverse.