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STATE v. FRIEND

No. COA11-572.

724 S.E.2d 85 (2012)

STATE of North Carolina v. John Braver FRIEND.

Court of Appeals of North Carolina.

March 6, 2012.

Attorney(s) appearing for the Case

Attorney General Roy Cooper by Assistant Attorney General, Jess D. Mekeel , Raleigh, for the State.

Reece & Reece, Smithfield, by Michael J. Reece for defendant-appellant.

STEELMAN, Judge.

The State's dismissal and re-filing of the impaired driving charge did not violate the separation of powers. This same conduct did not violate defendant's rights to due process or a speedy trial. The criminal summons was not fatally defective.

I. Factual and Procedural Background

On 7 March 2006, defendant was charged with driving while impaired in Pitt County. The case was scheduled for hearing in District Court 11 times...

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