State v. Johnson

In this criminal case, the state appeals a pretrial order dismissing one count of an indictment that charged defendant with two counts of felony assault in the third degree. We review for legal error and reverse.

Defendant was involved in a traffic accident in which, while allegedly driving under the influence of alcohol, she ran a stop sign, collided with the victim’s car, and caused physical injury. Ten months after the accident, a grand jury indicted defendant for one count of felony assault in the third degree and several misdemeanors. On defendant’s motion, the trial court dismissed the…