State v. Jeffrey Dwight Whaley

OPINION

The trial court dismissed defendant’s DUI presentment, finding a denial of the right to a preliminary hearing. Upon the state’s appeal, we find no evidence of bad faith by the state. Accordingly, we reverse and remand to the trial court for further proceedings consistent with this opinion.

Defendant was arrested on October 4, 1996, for driving under the influence (DUI). After three continuances, the General Sessions Court granted defendant’s motion to dismiss for failure to prosecute. Defendant was charged with the same crime by grand jury presentment on April 28, 1997. Defendant filed…