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Bishop v. State

The defendant's prosecution commenced within the 2-year statute of limitation for the charged offenses when the Uniform Traffic Citations were issued on the same day as the offenses occurred.

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James Michael Bishop filed a motion to dismiss and plea in bar in the Superior Court of Monroe County based upon 1 the State’s alleged failure to try Bishop within the two-year statute of limitation for the misdemeanor traffic offenses with which he was charged, and 2 an alleged violation of Bishop’s statutory right to a speedy trial pursuant to OCGA § 17-7-170. The trial court denied the motions, and, following a bench trial, Bishop was convicted of the charged offenses, failure to maintain a lane and DUI. He appeals, claiming error solely on the basis of the denial of his motion to dismiss and plea in bar. On review of the record before us, we affirm. 1. Bishop first contends that “the trial court erred when it denied appellant’s motion to dismiss appellant’s charges due to the two year statute of limitations having expired before prosecution commenced.” This claim is without merit.

OCGA § 17-3-1 d provides that prosecution for misdemeanors must be commenced within two years after commission of the crime. A prosecution “commences” when a charging instrument, such as an accusation, indictment, or Uniform Traffic Citation “UTC” is issued,1 and “continues until there has been a final disposition of the case.”2 Here, the UTCs charging Bishop with failure to maintain a lane and DUI were issued on the same day the offenses occurred, October 3, 1999; they were filed with the Probate Court of Monroe County; and Bishop served the State with his discovery requests on November 9, 1999. Accordingly, the prosecution “commenced” within the two-year statute of limitation.

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