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I have been to court once for my dui and that was a year and 4 months ago.

Marietta, GA |

Does the court not have a time limit to prosecute me? it qA dui less safe bc i wrecked my car but was not over the legal limit

the dui happend sept.5th 2010 went to court once which was in October and have yet to hear anything else i call the court house once a month to make sure i did not miss a court date, they say they are behind

Attorney Answers 3


Yes there is a time limit called a statute of limitations but it runs from the time of arrest to until your charges are formally filed in court. For misdemeanors in Georgia, which includes DUI and most traffic offenses, the statute of limitatiotations is 2 years. Since you have already been to court, however, your charges have probably been formally filed in court already. An experienced DUI lawyer can help you in a number of other ways and the delay may provide you with other possible defenses like a constitutional speedy trial violation. Call and hire a lawyer that specializes in DUI defense. I am happy to help you or refer you other lawyers as well.

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While you time delay from arrest to next court date is a little long for our area, it is not completely surprising. The statute is tolled in Cobb as soon as your tickets are filed with the clerk. A DUI has many difficult consequences that continue long after the case. Each cases factual circumstances are different as well. You should have an experienced DUI attorney for your case. An attorney can advice you on the defenses you have and the possible outcomes. They can also advise you about time frames for resolution of your case.

Good Luck,

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Do you have an attorney? If so, he or she should be on top of what is
taking so long. Once the case has been accused, either by citation or
formal court filings, the statute of limitations is satisfied. However,
there are other arguments a lawyer can make in your case.

Generally, though, the older a case gets, the better it is for you.
Officers may retire or move out of state.

You should make sure you haven't missed a court date. If you did, there
could be a warrant out for you.

--Zach Procter
Sent on my Droid phone. Please excuse any typos or autocorrect errors.

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