Supreme court made it that officers must put in writing that arrest happened on public highway

Asked 9 months ago - Kailua Kona, HI

my DUI case was then dismissed can they bring that back up 2 yrs later

Attorney answers (2)

  1. Marcus L Landsberg IV

    Contributor Level 9

    1

    Lawyer agrees

    Answered . It's sort of a misstatement of what the law is, but close. The PROSECUTOR needs to write in the written complaint that the crime happened on a "public way, road or highway". And because of this many of the DUI cases were dismissed without prejudice. Yes, they have until the endif the Statute of Limitations to raise the case back against you, but a decent attorney may be able to invoke a "pre-indictment delay" issue if they wait that long, and if they don't wait that long, but cannot serve you, Hawaii Rules of Penal Procedure Rule 48 may apply.

    If you are ever served with these documents again, immediately go to your attorney (or a new attorney) and ask what your options are. They should be able to help.

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  2. Edward David Johnson III

    Pro

    Contributor Level 7

    Answered . Depending on the statute of limitations in your state, your case will not be brought back up. Not charging someone for 2 yrs is a really long time for a misdemeanor DUI. Talk to a lawyer on your island to make sure.

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DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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A misdemeanor DUI, which carries lesser penalties than a felony DUI, is the charge most people will be facing if they are arrested for DUI.

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