Ex Parte Cathcart

OPINION

JOHNSON, J., delivered the unanimous opinion of the Court.

Appellant Melanie Catheart was driving an automobile when it was involved in an accident on October 5, 1996. Her two passengers were injured, one suffering “incapacitating injuries.” She was arrested and released on $800.00 bail. Appellant was subsequently charged by information with misdemeanor driving while intoxicated (DWI). The state filed a motion to dismiss on December 18, 1996, with the notation “dismissed for the following reasons: for further investigation — refile as intoxication assault.” The DWI case was dismissed on…