DWI Dismissed Based on Double Jeopardy 
Recently, Attorney Robert Ambrose obtained a dismissal of a DWI case based on double jeopardy grounds. The Minnesota and United States Constitutions protect against being subject to jeopardy of punishment twice for the same offense. Double jeopardy is sometimes confused for being charged with more than one offense for a singular incident, which prosecutors love to do. Instead, double jeopardy is when you already finished your case and then face another one for the same incident thereafter.
In the instant case, Attorney Ambrose’s client received a citation for careless driving and speeding. Within thirty days of receiving the citation, he paid the ticket with the court, which concluded the matter. Within a few months, he received charges in the mail for the same incident for a DWI and speeding. Even though the client’s alcohol concentration test was under .08, the prosecutor decided to file a DWI Under the Influence charge without any significant under the influence evidence. It is hard to say why the prosecutor decided to file the DWI charge. Without astute counsel, a defendant may just go to court and resolve the matter unknowingly. Thankfully, this defendant knew better and decided to retain an attorney. The case reeked of double jeopardy. After doing our due diligence, we file motions to dismiss on double jeopardy grounds and for lack of probable cause. Shortly thereafter, Attorney Ambrose contacted the prosecutor’s office and asked that they dismiss on double jeopardy grounds, since the charges and allegations in the Complaint arose out of the same behavioral incident, circumstances, and course of conduct as the convictions in the prior citation. Thankfully, the prosecutor agreed to dismiss and further litigation was avoided.
This is not the first time we raised a double jeopardy defense. While in some cases prosecutors agree when they make a mistake, like above. Others, may be too prideful and want to fight it out in court. For a consultation at no charge, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com
Robert H. Ambrose is a criminal defense lawyer in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past five years and a Rising Star for six years prior. He is an adjunct professor at the University of Minnesota Law School. DWI Lawyer Minneapolis MN, Criminal Defense Lawyer Wisconsin, Criminal Lawyer Minnesota.