In August 2002 I was cited for a DUI in CALIFORNIA.. Although I was never taken to trial, or took any plea; my license was reinstated in May 2004 than suspended in October 2006 because somehow the case became active. Can I file a Motion to Dismiss based on the time variance?
2007-03-24 01:57:30 · 5 answers · asked by chuck h 1 in Politics & Government ➔ Law Enforcement & Police
The statue of limitations is usually 5 years. So yeah, your still on the hook for it. However, you did not get a "speedy trial" which is usually one year, (unless the time problem was your fault, i.e. you not showing up for court) and you can file a motion to dismiss.
2007-03-24 03:57:50 · answer #1 · answered by zebj25 6 · 0⤊ 1⤋
Statue of Limitations is a limit on the time from when police know a crime has occurred until they may arrest that person. Here that time was virtually zero (they found a crime- DUI - and arrested you immediately). So no, you won't get it dismissed. You are much better off going to California and turning yourself in. Depending on how many DUI offenses you have and the jurisdiciton you were cited in, that warrant may be good where you live now! Why risk getting arrested when you get pulled over for a broken taillight. Don't always look over your shoulder- turn yourself in and take it like a man... or woman... whatever you are...
2007-03-24 03:10:58 · answer #2 · answered by Bob 3 · 0⤊ 0⤋
Court dockets are public records. You should be able to review nearly anyone's court records. Go with her to the courthouse where the case was, and have her ask to review her case. If she has a warrant, it should be fairly obvious (like a copy of the warrant in the file). The chances of her getting arrested at the courthouse are probably slim, so this really ought to be fairly safe. I don't know why that wouldn't work, but in case that's just too much, try calling the court and asking. If that's still too much, call the District Attorney's office in that county and ask them about the status of the case. They may not be willing to discuss it, but if you explain that you're trying to set things straight, they might. If you just can't deal with that, drop me a line and I can offer some additional assistance.
2016-03-29 02:03:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'm lost here... your citation would have had a date-to-appear !! Failure to have made that court date would have resulted in a bench-warrant !!
You state that your license was suspended in 2006... probably because your bench-warrant finally hit the DMV !
Sadly, there isn't the BEST communication between the courts and the DMV.
I strongly doubt you'd get dismissed.
2007-03-24 02:29:35 · answer #4 · answered by mariner31 7 · 0⤊ 0⤋
i know a person who got cited for D.U.I. in 1986 (colorado) he was moving to Canada the following week, so he didn't worry about showing up for court. last month he moved back to the U.S. he attempted to get a drivers license in Florida and was told that Colorado had him flagged in the D.M.V. computer system. he is still driving on his Canadian permit and stunned that he was still in the system after 20+ years. you need to see a attorney and get this cleared up. D.M.V. data bases are national and most, if not all states exchange information. don't wait for this to just disappear.
2007-03-24 04:22:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋