Court of Appeals Says Magistrate's Order Does Not Toll Statute of Limitations

The court of appeals held yesterday in State v. Turner, __ N.C. App. ___ (2016), that the issuance of a magistrate’s order charging a defendant with driving while impaired did not toll the two-year statute of limitations for misdemeanors. Because the defendant was not tried within two years of the offense, the appellate court ruled that the trial court properly dismissed the charges. This opinion is as big as surprise to criminal procedure experts as the outcome of last month’s presidential election was to pollsters. Does it mean that district courts must dismiss charges for misdemeanor offenses that occurred more than two years ago? No – or at least not yet.  The North Carolina Supreme Court issued a stay yesterday, putting State v. Turner on ice for the moment.  While we wait to see what happens next, let’s take a look at what the court of appeals said in Turner. Facts and procedural history. Turner was cited for driving while impaired on August 7, 2012. He was cited, arrested and brought before a magistrate for an initial appearance. After finding probable cause to believe the defendant committed the offense of impaired driving, the magistrate issued a magistrate’s order, which is the process required by G.S. 15A-511(c)(3). On November 26, 2014, Turner moved to dismiss the charges on the basis that the statute of limitations had expired. The district court judge agreed, and a superior court judge affirmed that determination.The State appealed from the dismissal of the charges. Court’s analysis. The court [...]