State v. Sanford
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The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Defendant's motion to dismiss two of the charges against him, holding that toxicology results trigger a new speedy-trial period for charges premised on the commission of a per se operating a vehicle while under the influence of alcohol or drugs (OVI) offense.
The State charged Defendant with one felony offense related to a car accident in which Defendant killed another driver and was held in jail pending indictment. The grand jury's indictment, however, included additional charges based on toxicology results that had not been available at the time of Defendant's arrest. At issue was whether the charges based on Defendant's drug-test results were subject to the same speedy-trial period as the original charge. The Supreme Court held (1) the test results were new information necessary to establish that Defendant operated a vehicle with a prohibited level of drugs in his system; and (2) therefore, the State was entitled to a new speedy-trial period for the charges premised on the per se OVI offense.
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