QUESTION

What is the statute of limitations for a DUI?

Asked on Aug 22nd, 2010 on DUI/DWI - California
More details to this question:
I did not go to court when I got 3 DUI tickets about 5 years ago. Instead I moved out of the country. I know that there is a failure to appear warrant out for me. Generally speaking, is there a statute of limitations for these DUI tickets?
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7 ANSWERS

If you were charged at the time the statute of limitations would stop running. There are some other possibilities for you to consider. Contact me for a free consultation to discuss your options.
Answered on Aug 26th, 2010 at 11:41 AM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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The statute of limitations applies to how long the prosecution has to file charges against you. If charges were filed and you failed to appear, the statute of limitations does not come into play. If charges were not filed until after your appearance date however, you may have a motion to dismiss for failure of prosecution. But it depends on certain factors. You are going to need to run this by a criminal defense attorney in person for a full analysis.
Answered on Aug 25th, 2010 at 12:11 AM

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Criminal Defense Attorney serving Los Angeles, CA at Lewin Law Group
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There is no statute of limitations issue here. You have 3 different warrants because you failed to appear in court for your DUI cases. A statute of limitations is the time by which the prosecution has to file a case against you. If you do not show up to the court date on the ticket, the Judge issues a bench warrant and the warrants NEVER go away. So if you were gone for 5, 10 or even 20 years you would still have to deal with the DUIs. Being that you have these 3 different cases, it would be a really good idea to consult with an experienced DUI attorney. I have handled 100s and 100s of them successfully for clients. Give me a call for a consultation.
Answered on Aug 24th, 2010 at 12:56 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Statute of limitations for a DUI [or any other] warrant? No. You have arrest warrants from each of those charges. Warrants are forever. You would be taken into custody and transported as a prisoner in cuffs to court anytime you come in contact with any law enforcement, such as traffic stops, customs, airport check in, etc. You would be immediately arrested upon arrival through customs into this country. You would not be allowed to bail out before court hearing. To resolve this, you and/or your attorney must go to the court[s] and turn yourself in voluntarily, getting the warrant withdrawn as part of the process of either negotiating a plea bargain or going to trial on the charges. If the court[s] are in Southern California, and you are serious about hiring counsel to help you in this, feel free to contact me. Such misdemeanor arrests and warrants can be handled by your attorney without you being personally present in court, at least up to the point of you complying with any sentence imposed for jail or probation or classes.
Answered on Aug 24th, 2010 at 12:11 PM

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Civil Practice Attorney serving Encinitas, CA at Law Offices of Ramona R. Hallam
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The statute of limitations would be tolled during any time you were on the lam (running) from the law. As long as the prosecutor filed charges, you may still be picked up and the case prosecuted. On the other hand, the statute of limitations for a misdemeanor DUI is generally 1 year from the date of the offense. I would definitely call an attorney for this situation as the outstanding warrant seems to indicate that you were charged but failed to appear at your arraignment.
Answered on Aug 24th, 2010 at 11:26 AM

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Criminal Law Attorney serving Beverly Hills, CA at Ronald Richards and Associates
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The statute of limitations is one year.
Answered on Aug 24th, 2010 at 10:41 AM

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Criminal Defense Attorney serving San Francisco, CA at Ticket Crushers
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On a misdemeanor DUI in California there is a 1 year statute of limitations. That is, the DA has 1 hear from the date of your arrest to file a complaint against you. Now, you may have a motion to dismiss each of these cases for a violation of your right to a speedy trial as they are so old. Call my office for a free consultation concerning your case and options.
Answered on Aug 24th, 2010 at 10:41 AM

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