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State v. Takyi

The 46-month delay between the defendant's arrest and the second grant of her motion to dismiss the DUI indictment against her for violation of her speedy trial rights was uncommonly long, ' "especially for misdemeanor traffic offenses with one witness and no follow up investigation." '

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The State appeals the trial court’s grant of Elizabeth Takyi’s motion to dismiss the indictment against her for violation of her constitutional right to a speedy trial. This is the second appearance of this case before this Court. See State v. Takyi, 314 Ga. App. 444 724 SE2d 459 2012. In the prior appeal, we vacated the trial court’s order and remanded the case for reconsideration based on our finding that the trial court had made factual and legal errors. Id. On remand, the trial court again granted Takyi’s motion to dismiss. Because we conclude that the trial court correctly followed the roadmap we set out in our earlier opinion and did not abuse its discretion in weighing the relevant factors for determining whether there has been a constitutional speedy trial violation, we affirm.

On October 3, 2008, Takyi was arrested for driving under the influence of alcohol and ordered to appear in municipal court on November 19, 2008. The matter was continued until January 5, 2009, when Takyi appeared at an arraignment in municipal court and demanded a jury trial. As a result, the case was bound over to the State Court of Fulton County. The relevant facts, as set out in our earlier opinion, are:

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