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Double Jeopardy

December trail date set for a driver accused of a felony offense in a February crash south of Elmwood.

48-year-old Danny L. Howell of Ceresco was arraigned in district court on a charge of driving under the influence and causing serious bodily injury, a Class IIIA Felony.

The Cassgram reports the prosecution amended the charge after Cass County District Court Judge Randall Rehmeier sustained a Motion to Quash filed by public defender Julie Bear.

The amended charge deleted an alternate charge of driving under the influence, second offense. The defense successfully argued the charge in the alternative constituted double jeopardy.

Rehmeier’s ruling on the motion said it would be proper procedure for a jury to be instructed it can consider the lesser offense as one of the options in returning a verdict.

The prosecution alleges it was Howell’s drunk driving that caused his Chevy pickup to cross the centerline and collide head-on with an Oldsmobile Bravada containing four men ages 55 to 60, all from Lincoln. Two of the men were injured seriously, says Deputy Cass County Attorney Steve Sunde.


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