State v. Black

Beasley, Presiding Judge.

The State appeals the trial court’s grant of defendant Black’s motion for discharge and acquittal pursuant to OCGA § 17-7-170 (b). See OCGA § 5-7-1; State v. Benton, 246 Ga. 132 (269 SE2d 470) (1980). Black’s demand for trial was not timely.

On November 29,1992, Black was issued two uniform traffic citations, one for driving under the influence in violation of OCGA § 40-6-391, and the other for “improper driving on roadway” in violation of OCGA § 40-6-48. The citations were stamped with the date January 15, 1993, which the State maintains evidences the date of filing…