State v. Witcher

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that simple DUI is a continuing offense for which only one conviction can be maintained for SUPREME COURT OF • NEVADA 5 (0)
• simple DUI is 15 a necessarily lesser included offense to DUI causing serious bodily injury to another
• traffic citation contained all the elements necessary to charge misdemeanor DUI under § 316.193(1) as it cited that statute and alleged a blood alcohol level of over .08
• defendant’s plea to misdemeanor DUI charge in county court while felony DUI charge was pending in circuit court concluded the case against the defendant, and the double jeopardy principle barred further prosecution of the felony charge
• “The principle of double jeopardy prohibited the state from continuing to pursue the felony charges in circuit court” where both misdemeanor and felony DUI charges were pending in separate courts at the same time when defendant entered an open plea to the misdemeanor DUI in county court.

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Labovick v. State
  District Court of Appeal of Florida· 2007-06-13· cited 8×
• Williams v. State
  District Court of Appeal of Florida· 1999-10-06· cited 5×
• People v. Munoz
  Appellate Court of Illinois· 2026-02-09· cited 2×
• Deel v. State
  District Court of Appeal of Florida· 1999-12-23
• Rebecca Louise Raber v. State of Florida
  District Court of Appeal of Florida· 2025-10-31

Cites

9 cases in this archive are cited by this case.

• Chikitus v. Shands
  Supreme Court of Florida· 1979-07-26· cited 21×
• Hurley v. State
  Supreme Court of Florida· 1975-10-15· cited 13×
• Michie v. State
  District Court of Appeal of Florida· 1994-03-02· cited 10×
• State v. Coble
  District Court of Appeal of Florida· 1998-01-07· cited 8×
• Ivory v. State
  District Court of Appeal of Florida· 1991-10-03· cited 8×
• Hope v. State
  District Court of Appeal of Florida· 1991-10-10· cited 8×
• State v. Lamoureux
  District Court of Appeal of Florida· 1995-07-07· cited 6×
• Leone v. State
  District Court of Appeal of Florida· 1991-11-29· cited 3×
• Lamoureux v. State
  Supreme Court of Florida· 1996-09-26· cited 2×