State v. Rustin

Blackburn, Judge.

Thomas Milton Rustin was charged with driving under the influence of alcohol. After his first conviction in the probate court was reversed in Rustin v. State, 192 Ga. App. 775 (386 SE2d 535) (1989), he requested a jury trial and the case was transferred to the superior court. Rustin then moved to dismiss on the ground that the prosecu tion was barred by the statute of limitation. The court granted this plea in bar, and the state appeals.

On September 30, 1988, Rustin was issued a uniform traffic citation and complaint charging him with having committed on the same date the…