We have as an ideal in Tennessee and the rest of the country that an individual is entitled to a speedy trial. That does not necessarily mean that a case goes from charging, to trial, to verdict in a matter of minutes, or even a matter of days or weeks. Sometimes the process can take months or years. Sometimes, drawing out the process is the appropriate strategy to pursue in order to achieve the best potential outcome.

There are hints that this is the tack being taken by both criminal defense and prosecuting attorneys in the rather high-profile case of State Rep. Curry Todd, R-Collierville, as he faces three charges stemming from an arrest last October. To quickly recap, Todd was picked up by Nashville police on the night of Oct. 11 near Vanderbilt University on suspicion of drunk driving.

In addition to being charged with driving under the influence (DUI), police charged him with possessing a handgun while under the influence and of violating the implied consent provision of the DUI law by refusing to submit to a blood alcohol content test.

There have been a number of court appearances since the original arrest, with the latest occurring this week. In the most recent action, the defense waived rights to a preliminary hearing. That advanced the matter to a grand jury which could now take two or three months to consider evidence in the case.

In the meantime, Todd's attorney confirms discussions about a possible settlement of all three charges in the case have been under way and may well continue. He says with those conditions in play, it's too early to know if the case will even get to a full trial. Todd has not seen his driver's license suspended, which can happen for refusing to submit to a BAC test.

Indeed, he hasn't yet even entered a plea in his case and his attorney says this week's action provides more time to weigh options and possibly come to terms with prosecutors that are appropriate.

Source: The Commercial Appeal, "State Rep. Curry Todd waives preliminary hearing on 3 charges in Nashville," Richard Locker, Feb. 7, 2012