Okay, here's the problem I'm having with a case set on my docket next week. Any ideas would be much appreciated:

1) Defendant picks up a DWI in March 2004.
2) A Motion to Quash was granted by the Court in December 2004.
3) The State refiles the case as a lesser included offense.
4) The defendant never shows up again and bond forfeits.
5) The defendant is picked up on his warrant in 2007.
6) Now, the defendant refuses to plead to the lesser included offense and insists on a trial.
7) I (the State) can't prove up the lesser included offense.

Can I dismiss the lesser included offense and refile the DWI, or am I barred by the statute of limitations?

In other words, I know the statute of limitations is tolled when an information/ indictment is on file. BUT, the DWI information was quashed back in 2004. What effect does that have on the information, and thus, the statute of limitations?

Any ideas?

Thanks in advance!!!