DWI Charge Dismissed

Mr. Arneson’s client was pulled over for a traffic violation and was arrested for DWI.  However, the officer made a mistake and issued a citation to the client for open bottle in a motor vehicle and then sent the blood test to the BCA to be tested.  The mistake was the officer forgot to include a charge of under the influence on the citation.  Mr. Arneson had his client pay the citation.  When the test results came back at over the legal limit, the officer sent another citation for 4th Degree DWI.  However, Mr. Arneson filed a motion to dismissed on the grounds the second citation violated Minnesota Statute 609.035 which prohibits serialized prosecution.  The prosecutor agreed and dismissed the charge.