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Hi I'm David Cantor with the Law Offices of David Michael Cantor
and today I'm gonna talk about Misdemeanor DUI Statute of Limitations.
A lot of times people ask us how long do they have to charge me with a DUI if I
was pulled over?
Well, on a misdemeanor they have one full year to charge a person
and work it's tricky as if they charge somebody and then we get the case
dismissed let's say for discovery violation.
They don't have blood results yet, they haven't given us a police report,
and it gets dismissed, it can be refiled. Now
they have a choice they can either refile it up until the full one year
from the date a violation,
or six months after it was dismissed, whichever is longer.
So for example on January one if you got a DUI,
they dismissed it at March they have all the way until January if you got a DUI
January 1 and they dismissed in September 1,
they would have up until March of the following year to charge you with that
DUI.
So you should contact a lawyer knows what they're doing if you're going to
find out whether
you can be properly charged or not or weather statute of limitations has run.
Now in blood cases this is where it gets tricky, a lot of jurisdictions will draw
your blood
and then they'll release you without actually giving you a ticket and they'll say once
we get the
results we're going to charge you. Where it gets tricky is a lot of people move,
and they'll send a summons to the last known address and they won't forward that
summons. So if you live in an apartment and then you've moved,
it's possible there's a warrant out for your arrest
and that can be problematic. Now sometimes we've seen where
they charged after the last day had run
and they don't bother telling you this, you have to hire an attorney knows what
they're doing so they can spot that get the case thrown out
for a statute violation. DMV
issues, here's another problem, the DMV hearing is completely separate from the
criminal hearing. So a lot of times
the draw your blood they'd send you on your way and then you get something in
the mail call the corrective action notice it says
we're going to suspend you for 90 days. And you're like "wait a second I wasn't even
charged with a DUI"
that's because your DMV is completely separate from the criminal court case.
Bottom line is if you're stopped for a DUI wheather they give you paper work
or not, come on in and see us right away, you can call us
and we'll set up an appointment at no cost to you free initial consultation or
you can go to our website 24 hours a day and send a contact form
and I'll get back to you right away.