The Court of Appeals in State v. Turner, COA16-656, 2016 N.C. App. LEXIS 1248 (December 6, 2016)), construing §15-1, held that citations and magistrate’s orders were not adequate to toll the statute of limitations. Therefore, if the State did not bring the case to trial or take action to toll the statute of limitations within two years of the offense date, the State was could not prosecute the case.
This case gave us great hope; however, the North Carolina Supreme Court immediately stayed the case, meaning no action could be taken based on it ruling.
Should the case be upheld, then any case, including misdemeanors and DWIs, would have to be dismissed if they were aged beyond two years. This means that Greensboro’s DWI backlog would be solved by thousands of dismissals.
The top rated Greensboro DWI attorneys at Garrett, Walker, Aycoth and Olson will be watching this case closely.