Case Conclusion Date:November 20, 2008
Practice Area:DUI / DWI
Outcome:Dismissal after appeal
Description:Most attorneys think that as long as a misdemeanor DUI is filed within 1 year fo the arrest, then the prosecutors have complied with the law. The prosecution took 10 months to file charges on a typical DUI case against my client. Due to the delay, my client could not recall many details of the evening she was arrested. I moved to dismiss the case for Due Process violation resulting in an unfair trial. The motion was initially denied. I appealed, and won. Just because the prosecution files within the 1 year statute of limitations does not mean that they have filed timely.