Got a dui in philadelphia in 2003 and never went to court is there a statue of limitations should everything be cleared by now

Asked over 2 years ago - Havertown, PA

i also had a dui in 1999 in havertown,pa.

Attorney answers (4)

  1. Zachary Cooper

    Contributor Level 13

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    Answered . Great question and one I often get asked a lot. Yes there is a statute of limitations in Pennsylvania but unfortunately in your case you could nor use this because there is a Bench Warrant out for you since you missed court. If the delay would have been the fault of the prosecution then you would have a better shot. In your case, you will have to get the warrant lifted and then see what evidence the DA's office has against you. As I believe another attorney stated, you may be in luck given the fact your case is so old. The commonwealth would still be responsible to prove the DUI and some or all of the witnesses may not even be around anymore. I would consult with an attorney so you understood what your rights are.

  2. Ellis B. Klein

    Pro

    Contributor Level 14

    3

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    Answered . There is a statute of limitations; however, if a defendant does not appear, the time is placed on the defendant and not the state. Since it is an old case, you may be able to beat it if the witnesses are no longer available so my best advise is to retain an experienced Philadelphia attorney who knows the system.
    Ellis Klein, Esquire
    Young, Klein and Associates
    Phila. PA
    215-639-5297
    www.ykacrim.com

  3. John M. Walsh

    Contributor Level 11

    3

    Lawyers agree

    Answered . The statute of limitations does not apply in your case. Depending on the circumstances surrounding your case you may be able to beat it. It would be a good idea to hire an attorney to address this matter as you do have an open warrant for your arrest.

    John M Walsh
    Driscoll & Walsh
    2101 Pine St.
    Philadelphia, PA 19103
    215-758-9200

  4. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Not likely. There is a statute of limitations. The statute of limitations applies between the time of the incident until the time the charges were filed. If this was a situation in which they filed charges and they have been pending for almost ten years, the statute of limitations will not help you. If all of your contact information was accurate and they simply screwed up, then the statute of limitations should help you. It depends upon the facts. Contact an attorney and have them look into it.

    Michael L. Doyle
    Attorney at Law
    (215) 900-5565

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