QUESTION

Is there any statute of limitations for a DUI or can they wait 4 years to charge you with a DUI?

Asked on Nov 16th, 2012 on DUI/DWI - New York
More details to this question:
I wrecked in March 2009 and had an arrest warrant issued in November 2009. I went in in March 2012 to get my license renewed, only to find out about the warrant. I was pulled over for avoiding a manhole cover, and was then charged and booked for DUI. My license was never suspended.
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8 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Sounds odd. You will need an attorney to straighten out this mess, which will only get worse if you do not.
Answered on Apr 30th, 2013 at 10:09 PM

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Criminal Defense Attorney serving Golden Valley, MN at Steele Law Offices
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There are limitations on the State's time to charge you with any crime including a DUI. However, if a warrant was issued in 2009, that would indicate that you were charged back in 2009. You may have some standing to contest this if you can show that the state was somehow negligent in its attempt to notify you of the charges. Otherwise, the fact that the warrant has been active for 3 1/2 years is not due to their misconduct and they can continue to pursue the charges.
Answered on Nov 21st, 2012 at 5:59 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Usually, the D.A. has one to file charges in a criminal case. Once the charges are filed, the statute of limitations no longer runs. The fact that an arrest warrant was issued 7 months after the initial incident, means that criminal charges were either filed at the time the warrant was issued or sometime before that. You may have a speedy trial defense depending on many factors too numerous to go into here. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 21st, 2012 at 5:29 AM

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Gary Moore
It is when the DUI charge was filed. It must be filed within one year following the date of the offense.
Answered on Nov 20th, 2012 at 2:06 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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It is possible. You say that a warrant issued. Did you move since the incident? id DOL have your proper address. Did you have your correct address on your drivers license. This is the information used to cite you to court. If they do not have the correct information, then you did not get the court notice and a warrant would issue. The active warrant keeps the Statute of limitations from running. It is most probably still an active case. My advice: hire an attorney.
Answered on Nov 20th, 2012 at 1:05 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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They have six years to charge you from the date of the incident. The date that the incident occurs is what governs the time the clock starts ticking. They probably filed charges against you shortly after it happened in 2009. Just because you managed to stay under the radar for a while will not change the validity of the charge provided they filed charges in time. Of course, time can have some advantages such as the losing or misplacing of evidence, officers no longer there to testify, etc. Seek counsel from an attorney before proceeding.
Answered on Nov 20th, 2012 at 12:53 PM

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Michael J. Breczinski
Once the warrant is put out there they have started the lawsuit so the statute of limitations is no longer running.
Answered on Nov 20th, 2012 at 11:18 AM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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You were charged when the warrant was issued. The question is whether you have a speedy trial defense. I suggest you hire a good criminal defense lawyer who knows how to handle a dui case.
Answered on Nov 20th, 2012 at 5:02 AM

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