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Barghi v. State

The State's filing of amended accusations after the expiration of the statute of limitation did not commence a new prosecution, since the amended accusations gave the same date of the offenses as the original accusation, were based on the same conduct and made only slight changes to the wording of the allegations.

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Following a bench trial, Gloria Barghi was convicted of driving under the influence of alcohol to the extent it was less safe for her to do so DUI less safe, driving under the influence of alcohol with an excessive blood-alcohol concentration DUI per se, and failure to obey a traffic-control device. On appeal, Barghi contends that the trial court erred in denying her plea in bar, in which she claimed that her prosecution for the DUI charges was barred by the statute of limitation. Barghi also maintains that the court erred in proceeding with trial despite the fact that she was not arraigned after the State amended the accusations, and in finding that the State presented sufficient evidence that its prosecution was not time-barred by considering evidence from the plea in bar during trial. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the trial court’s findings and judgment,1 the evidence shows that at approximately 2:00 a.m. on November 5, 2011, a City of Roswell police officer observed Barghi’s vehicle traveling northbound in the center lane of a three-lane reversible highway. But at that time of night, the overhead traffic- control device regulating traffic flow clearly indicated with a red X that northbound traffic was prohibited from using the center lane. The officer, therefore, followed Barghi’s vehicle and initiated a traffic stop after she continued traveling in the prohibited lane.

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