State v. Fain

This is an appeal by the State from an order of the Circuit Court of Montgomery County dismissing an indictment charging John Lyman Fain with the misdemeanor of driving while intoxicated. The indictment was dismissed because the prosecution was not commenced within twelve months after the commission of the offense as required by Alabama Code 1975, § 15-3-2. The issue in this case involves the determination of when the prosecution actually commenced.

The facts of this case are best understood when outlined in chronological order:

March 31, 1984: Fain was charged with driving while intoxicated…