QUESTION
Will I be eligible for a serna motion if I was arrested originally on July 13, 2013 and charged in November 2015?
Asked on Nov 18th, 2015 on DUI/DWI - California
More details to this question:
I was arrested for driving on my own prescription meds. I only took one that day out of 12. Also when they drew my blood, there was marijuana. I was taken to jail on July 10, 2013 and released 3 days later. I called for a while to see if charges were filed, none was. February 14, 2014, they put out a warrant that went to my old address across the street even though I had a bit of police contact at new residence and changed address on my ID card. I have been filing for a divorce which will be final November 29th, 2015. I, in other words, have given my new address. I called the police one day to diffuse a situation between my spouse and I and was taken to jail again. This time charged with a suspended license and a new DUI. It would be my second. I don't believe my levels were high enough and want to fight but don't want to end up in prison if I lose. What do you think?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Without more information, I cannot give you a definite. However, and assuming I am reading your question correctly, if the 2013 arrest was for a misdemeanor and you were not charged until 2015, a Serna motion, as well as a motion to dismiss based on the statute of limitation, may be in order.
Answered on Dec 07th, 2015 at 5:41 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Probably no Serna. Drug DUIs are fightable though. You should hire a lawyer to help with both DUIs. Spouses in divorce can use the DUI to restrict visitation.
Answered on Dec 02nd, 2015 at 5:11 PM
Yes, but you should hire a competent lawyer to file and argue the Serna motion for you. Remember, once it is denied, it will be too late for any lawyer to come in and rectify the situation.
Answered on Dec 02nd, 2015 at 5:10 PM