People v. Barwan

Defendants were charged with DUI and aggravated DUI as repeat offenders, having been convicted of one prior DUI and charged with a second, pending DUI. Court granted Defendants' motions to dismiss aggravated DUI charges for failure to state an offense and denial of due process. Court's consideration of circumstances of each Defendant's second prior DUI violation and its finding that a pending DUI is not a "violation" were premature and impermissible in context of motions to dismiss. Court improperly assessed evidentiary support for allegations in indictments, that Defendants had committed DUIs on two prior occasions, rather than assessing legal sufficiency of indictments themselves. (McLAREN and BOWMAN, concurring.)