VAIDIK, J.
Honeycutt contends that the trial court erred in denying his motion to dismiss the additional charges of operating a vehicle while intoxicated and operating a vehicle with a controlled substance in his body because they violated the Successive Prosecution Statute. He argues that because all four charges arose from the same traffic stop, they were connected by a single scheme or plan and should have been charged together.
. . . .
The Successive Prosecution Statute provides in relevant part:
(a) A prosecution is barred if all of the following exist:
(1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts.
(2) The former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.
(3) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecution.
Ind. Code § 35-41-4-4. The circumstances here satisfy subsections (a)(1) and (a)(2). The issue is whether Honeycutt “should have been charged” with the two operating counts in the former prosecution. . . . .
. . .
…[T]he State argues that Honeycutt waived this issue because both the trial court and the prosecutor warned Honeycutt before he pled guilty to Class A misdemeanor possession of marijuana and the traffic infraction that the results of his blood draw were pending and additional charges might be coming. The trial court asked Honeycutt, do you “just want to go ahead and get this part of it done now? There may not be any more charges, but th[e]n again there might be.” Tr. p. 8-9. The unrepresented Honeycutt then pled guilty to Class A misdemeanor possession of marijuana and the traffic infraction.
Even if we assume that a defendant can waive this issue when he knows that a second set of charges may be on the horizon, there was no valid waiver here because Honeycutt was neither aware of the rights he was waiving under the Successive Prosecution Statute nor was he represented by an attorney. We therefore cannot say that Honeycutt waived his challenge under the Successive Prosecution Statute.
MATHIAS, J., and BARNES, J., concur.