QUESTION
Can they charge me with DUI if I was not arrested or cited at the time of the incident?
Asked on Nov 27th, 2013 on DUI/DWI - Missouri
More details to this question:
I lost control of my vehicle due to a faulty tire and wrecked. Single car accident and had been drinking earlier. Taken to ER, blood test taken, .08 and released. I was never cited or arrested at the time of incident. Incident occurred on October 27, 2013 and a few days ago, I received a summons in the mail to appear in court for DUI. Is that legal?
9 ANSWERS
Aric Cramer
It is legal, but these type of DUIs are often dismissed when vigorously defended.
Answered on Dec 09th, 2013 at 6:17 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Yes, you can be charged for two years after the date of the incident.
Answered on Dec 03rd, 2013 at 9:37 AM
Yes, they can, but you may be able to beat the charge. Did you admit to drinking before the accident. If not how do they prove you were DUI, maybe you had a drink after the accident. You attorney should talk to the DA about a lesser charge.
Answered on Dec 03rd, 2013 at 9:36 AM
Michael J. Breczinski
Yes it is legal to charge you later for a crime. This is especially true if you were in the hospital.
Answered on Dec 03rd, 2013 at 9:34 AM
James Edward Smith
This happens all the time.
Answered on Nov 27th, 2013 at 5:36 PM
Absolutely legal. Time to shop around for a DUI specialist. You've got a borderline case that can be reduced or dismissed provided you have proper representation.
Answered on Nov 27th, 2013 at 4:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, and defensible. Get a good attorney.
Answered on Nov 27th, 2013 at 4:26 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yea. Fight it. Lawyer up.
Answered on Nov 27th, 2013 at 4:07 PM
Yes, it's perfectly legal. The prosecutor has up to 1 year (for a misdemeanor) to file charges. The fact that you were not arrested means nothing.
Answered on Nov 27th, 2013 at 4:06 PM