I still have a dui pending its been three yrs this mth can i go for the statue of limitaions since its been three years.

Asked about 1 year ago - Norristown, PA

dui first offense

Attorney answers (6)

  1. Andrea E. Mertz

    Pro

    Contributor Level 13

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    Answered . Probably not. The statute of limitations refers to the time period the Commonwealth has to file a charge. Your question should be is there a "Rule 600" (i.e. speedy trial) violation? Rule 600 provides that the defendant must be brought to trial within a year of the charge (assuming you are out of custody). However, there may be days that are excluded from the one year because you or your attorney asking for continuances or pretrial hearings, or your admission into a preadjudication program like ARD. That time would be deducted from the count. You need to ask your attorney about this.

    Good Luck.

  2. Laurence Charles Kress

    Contributor Level 8

    14

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    Answered . For purposes of this question, I assume you are referring to speedy trial rights, meaning that the charge was filed, not that you were arrested but not charged. The answer will depend on the reason for delay. If, for example, it has resulted entirely or mostly from motions to continue filed by your attorney, it may vey well not.

    If you have not been charged, and are referring to the statute of limitations, you may very well have a defense at this point if a charge is filed.

  3. Steven Fisher Fairlie

    Pro

    Contributor Level 13

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    1

    Answered . It's not clear from your question whether the case is in Montgomery County, but if it is, it's not likely the case would be pending three years later. Talk with a good lawyer about whether there was a delay in arrest or in bringing you to trial, and what rights and defenses may exist to improve your situation.

    Please note that I am only licensed in Pennsylvania. Therefore, if your case involves another jurisdiction, you... more
  4. Michael Lawrence Doyle

    Pro

    Contributor Level 20

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    Answered . There may be speedy trial issues, but it is not likely to be a statute of violations issue. You should have an attorney for this.

    This is not intended as individual legal advice and there is no attorney client relationship established by this... more
  5. Steve Edward Jarmon Jr.

    Pro

    Contributor Level 8

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    Answered . I agree with my colleagues here. If the charges have already been filed then you may have a speedy trial issue but that would depend on a number of factors that you would need to consult with your attorney about.

  6. Lidia L. Alperovich

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . If you were arrested but not tried and delays are not due to your requests/fault, your attorney needs to file a Rule 600 Motion

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