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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.

Norristown, PA |

dui first offense

Attorney Answers 6

  1. 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. 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. 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 answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

  4. 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.

  5. 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

  6. 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 should disregard this post. Further, this posting does not constitute proper legal advice since I have not been able to learn all the circumstances of your case. As such, you should consult a lawyer in person immediately for proper legal advice and should not rely on this posting for legal advice.