State v. Curtis

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The Supreme Court held that the two-year statute of limitations in N.C. Gen. Stat. 15-1 did not bar the State from prosecuting Defendant for the misdemeanor offense of driving while impaired (DWI) when the State did not charge Defendant by indictment or presentment and did not commence prosecution with the two-year period because other valid criminal pleadings listed in N.C. Gen. Stat. 15A-921 tolled the section 51-1 statute of limitations.The district court granted Defendant’s motion to dismiss, determining that the statute of limitations in section 15-1 barred further prosecution of Defendant. The court of appeals affirmed, concluding that the State was barred from prosecuting this action due to expiration of the statute of limitations. The Supreme Court reversed, holding (1) any criminal pleading that establishes jurisdiction in the district court should toll the two-year statute of limitations in section 15-1; and (2) the citation issued to Defendant for DWI tolled the statute of limitations in this case. View "State v. Curtis" on Justia Law