State v. Friend

STEELMAN, Judge.

The State’s dismissal and re-filing of the impaired driving charge did not violate the separation of powers. This same conduct did not violate defendant’s rights to due process or a speedy trial. The criminal summons was not fatally defective.

I. Factual and Procedural Background

On 7 March 2006, defendant was charged with driving while impaired in Pitt County. The case was scheduled for hearing in District Court 11 times. Several continuances were based on the unavailability of the State witnesses. On 18 July 2007, the arresting officer was not present in court. When the…