Tennessee DUI Law - Defendant's appearance insufficient to toll statute of limitations
New Caselaw Alert: Supreme Court of Tennessee, at Knoxville.
STATE of Tennessee v. Roy Anthony FERRANTE. No. E2007-00180-SC-R11-CD. Sept. 4, 2008 Session. Oct. 28, 2008.
The Tennessee Supreme Court has ruled that a defendant's presence in court on a DUI case is not sufficient to toll the statute of limitations when the complaint in the case is deficient, and the deficiency is not cured until after the running of the statute of limitations.
This opinion was issued on October 28, 2008 and at the time of this entry has not yet been published.
We granted permission to appeal to determine whether a criminal defendant's appearance in court is sufficient to commence a prosecution for purposes of tolling the statute of limitations where the purported charging instrument is void ab initio. We hold that a defendant's appearance in court following the issuance of an affidavit of complaint that is void from inception does not toll the running of the statute of limitations. The fatal deficiencies in the affidavit of complaint in this case were not overcome until after the limitations period had expired. Accordingly, the Defendant's motion to dismiss the charge against him in this case must be granted. The judgment of the Court of Criminal Appeals reinstating the charge against the Defendant is reversed, and the charge against the Defendant is dismissed. (Emphasis added).
ANALYSIS: A defendant has the right to a timely and speedy trial. A defendant also has the right to know precisely the charges against him or her. It is the State's job to charge and charge correctly. This case got it right by saying that a prosecutor will not escape the negative consequences of sloppiness through judicial coddling. Great result! Congratulations to the excellent DUI defense lawyers involved.
