MARTINSBURG, W.Va. -- The Berkeley County Prosecutor's Office says a magistrate exceeded her authority when she dismissed drunken-driving charges against two people and filed new charges to settle the case.
A circuit court complaint says Magistrate JoAnn Overington acted over the objections of the state.
It asks a judge to overrule her decision in the handling of the cases against a Virginia woman and a West Virginia man.
Chief deputy prosecutor Christopher Quasebarth says there's no law giving a magistrate the power to initiate a complaint on her own.
Overington says she thought she could accept reduced pleas of reckless driving to settle cases but now realizes she made a mistake and needed a prosecutor's approval.
She tells the Herald-Mail it wasn't intentional, and she sees it as a lesson learned.