Commonwealth v. Hicks

LAMBERT, Justice.

This Court granted the Commonwealth’s motion for discretionary review of an opinion of the Court of Appeals which directed the trial court to grant appellee’s petition for writ of prohibition. The Court of Appeals determined that dismissal of the underlying DUI and reckless driving charges was with prejudice by virtue of CR 41.02(3).

In April of 1991, appellee was charged with third offense DUI and reckless driving. Following arraignment in the Kenton District Court, trial was set for August 1, 1991. On the day set for trial, on motion of the Commonwealth and without objection…