State v. Johnson
Annotate this CaseAfter a bench trial, Defendant was found guilty of driving under the influence (DUI) per se, fourth-offense, a felony. Before sentencing, Defendant moved to dismiss the felony DUI charge or, alternatively, to amend the charge to a misdemeanor, alleging in her supporting affidavit that her 2003 DUI conviction was constitutionally inform because she was not told that she had a right to an attorney, and therefore, the 2003 DUI could not be used to enhance her current DUI charge to a felony. The district court denied Defendant’s motion to dismiss after an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err in concluding that Defendant could not submit an affidavit without being subject to cross-examination as to the affidavit’s contents, and therefore, Defendant suffered no prejudice from the district court compelling her to testify.
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