Is there a statue of limitations on dui charges in alabama

Asked 12 months ago - Huntsville, AL

it's been over 14 years,brother got a PI charge in madison co.ala. and they have a hold in marshell co ala for dui and failure to appear....he's been in madison co. jail for 8 days

Attorney answers (4)

  1. Randy William Ferguson

    Contributor Level 19

    4

    Lawyers agree

    Answered . They can still bring the case against him. Otherwise people would just run until the time runs. Should be easy to handle. Officer could be retired by now.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Pascal Bruijn

    Contributor Level 11

    4

    Lawyers agree

    Answered . 1. Hire a criminal defense lawyer.
    2. Have that lawyer determine if the prosecuting agency forfeited it's right to prosecute by not bringing charges or prosecuting your brother in a timely manner. This is a speedy trial violation versus a statute of limitations violation depending on the exact facts.
    3. If your brother didn't bother to show up to his initial court date and was basically on the run for 14 years, he'll be out of luck and will have to face charges.
    4. State will have a hard time proving a 14 year old DUI.

    As always, no attorney/client relationship is created by this answer and I recommend that you contact a local,... more
  3. Patrick Mahaney

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . This is really not a "statute of limitations" question, since apparently the arresting agency filed the arrest warrant within the time required (one year for a misdemeanor offense), but rather the issue of "speedy trial." If your brother intentionally avoided prosecution, such as fleeing the jurisdiction of the court or intentionally failed to appear in court when directed, the issue of "speedy trial" is basically negated. However, the practical fact remains that after 14 years have passed, it will be very difficult for the prosecutor to locate the arresting officer, the witnesses, and other essential persons, such as the breath test officer. The actual likelihood of a successful prosecution after 14 years low, and the case may get dismissed for lack of prosecution.

    Your best course of action is to hire a good criminal defense attorney and plead "not guilty."

  4. Billy Howard Chandler

    Contributor Level 7

    3

    Lawyers agree

    Answered . Common problem and situation. Statute of limitation, limits the amount of time of charges can be made only. One charges have been made, there is no limit on how long it takes someone to be brought to trial. I had a client who as arrested on two different DUI s, one was 23 years old and the other was 22 years old. Ironically, he lived across the street from the charging Police Station for 8 years.

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