QUESTION
What should we do? What are the limitations regarding DUI?
Asked on Sep 09th, 2015 on DUI/DWI - Utah
More details to this question:
My husband got pulled over in October 2014. We hired a lawyer to help us because a lot of things were wrong with the situation. We went to the driver's license hearing and my husband lost her license for 4 months. We followed all the rules. He even went to the counselor and took the alcohol test. We haven't heard anything else regarding court and next month will be a year.
1 ANSWER
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Randy M. Lish, Attorney at Law
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The statute of limitations applies to the time the state has to file charges. A year seems to be longer than necessary, but it will not be grounds for dismissal. You need to talk to your attorney and find out why the case has been delayed. The driver's license hearing is a civil matter, and the state does not have to prove guilt beyond a reasonable doubt. All the state has to show is that by a preponderance of the evidence you husband was under the influence. If they show that, his will license will usually be suspended.
Answered on Sep 15th, 2015 at 10:21 AM