Saturday, October 03, 2009

Nebraska Court of Appeals denies Cass County District Court defendant's plea in bar (§ 29-1817 (Reissue 2008) ) to continued prosecution for Driving Under the Influence, enhanced for refusing to take a chemical test, when the defendant plead guilty to refusing to take a chemical test. State v. Grizzle, A-09-327, 18 Neb. App. 48 "DUI (60-6196) and refusal to submit (60-6197) are not the same offense for double jeopardy purposes and that the State is not barred from prosecuting multiple offenses in a single prosecution. Grizzle’s claim that the penalty provision for third-offense DUI subjected him to multiple punishments is not ripe for appellate review. Accordingly, we affirm the denial of Grizzle’s plea in bar."

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