State ex rel. Miller v. Fury

MILLER, Justice:

In this proceeding the relator, Dane L. Miller, prays that we issue a writ of prohibition prohibiting the respondents from prosecuting him under misdemeanor warrants charging him with driving under the influence of alcohol, second offense, and resisting arrest. The relator asserts that more than one hundred and twenty days have passed since the issuance of the warrants and that no prosecution of him has been commenced. He claims that under our recent ruling in State ex rel. Stilt*582ner v. Harshbarger, 170 W.Va. 739, 296 S.E.2d 861 (1982), he is entitled to have the charges…