QUESTION
How can anyone prosecute or defend an aggravated DUI with invalid license charge that is over 18 years old?
Asked on Jan 09th, 2013 on DUI/DWI - Arizona
More details to this question:
Sometime in 1995-96, I was pulled over for a DUI in Arizona. No accident, just over the limit. I remember the court was severely backlogged and summons was never sent. In 1997, I was living in Kansas and received Arizona summons. I contacted the court that I was in Kansas and case went quiet. I moved back following year and lived in Arizona for 7 years following then moved back to Kansas for 8 years presently. In researching for a CDL recently, I have found a FTA skeleton filed in 2009 in Arizona. I do not remember any details or conversation of that arrest that night or have any documents to date.
1 ANSWER
You can defend this by filing delay motions and that you were prejudiced by this case taking so long. These are called pre and post indictment delay motions. The State has a duty to find you. In addition, the cops may no longer be available.
Answered on Jan 11th, 2013 at 2:41 PM