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Carroll v. State8/28/2001
As amended October 15, 2001
A jury found Freddie O. Carroll guilty of DUI, weaving over the roadway, and reckless driving. On appeal Carroll argues that the accusations based on these offenses were filed outside the two-year limitation period and that the court erred in failing to instruct the jury on the statute of limitation.
On May 23, 1996, police issued Carroll uniform traffic citations charging him with three traffic offenses. These citations were filed in the Atlanta City Court on May 24, 1996. On July 10, 1998, the State filed accusations for the same offenses.
1. "A uniform traffic citation serves as an accusation in any court having jurisdiction over the offense, except superior court." The July 1998 accusations were based on the same conduct as the original citations (of which there had been no final disposition) and thus were a continuation of the prosecution of those citations.
The arresting officer testified that on May 23, 1996, he arrested and charged Carroll with DUI. Although the better practice would have been to admit the uniform traffic citations into evidence, this is sufficient evidence for the jury to infer that the crimes were prosecuted within the two-year limitation period.
2. Carroll argues that the court erred in failing to instruct the jury on the statute of limitations. Carroll did not, however, submit a timely written request to charge on the statute of limitation, and has therefore waived the right to any such charge.
Judgment affirmed. Andrews, P. J., and Eldridge, J., concur.
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