589 So. 2d 795 | Ala. Crim. App. | 1991
The appellant, James Allen Hastings, was charged with driving under the influence of alcohol. At his trial in the district court of Morgan County, the appellant challenged the court's jurisdiction, claiming that the Uniform Traffic Ticket and Complaint (U.T.T.C.) issued to him charged two offenses. At the initial trial in district court, the appellant's motion to dismiss based on this "duel charge" allegation was denied. Instead, the district court compelled the state to elect which of the two charges it would proceed under. The state elected to prosecute under ".10% or more by weight of alcohol in his blood" (pursuant to §
Contrary to the appellant's contention, our Supreme Court has determined that §
In the present case, there was no amendment to the complaint. The State simply withdrew that portion of the complaint pertaining to §
The issuance of a valid U.T.T.C. tolls the statute of limitations for the purpose of commencement of prosecution of misdemeanors pursuant to §
AFFIRMED.
All the Judges concur.