In the spring of 2005, a man who was heavily intoxicated barreled down U.S. Highway 278 shortly before Midnight in Double Springs. He slammed into another vehicle head-on, and the other driver was killed. The drunk driver was severely injured, suffering traumatic brain injury.
A year later, he was indicted by a grand jury on vehicular homicide for causing the death with criminal negligence by committing three traffic violations – driving drunk, speeding and driving on the wrong side of the road. However, before trial, defendant was deemed not competent to stand trial, and the criminal trial judge dismissed the charges with prejudice, meaning they couldn’t be refiled. The state didn’t appeal this order.
But then six years later, the state moved to indict again on these same charges, in spite of that order, on grounds defendant’s condition had improved. Recently, the Alabama Court of Criminal Appeals affirmed the trial court’s dismissal of the charges based on the new indictment, finding prosecutors never sought modification of that “with prejudice” order, and therefore had not covered all their procedural bases.