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What is the statute of limitations on a dui in california?

Mariposa, CA |

I showed up for my court date this morning, and found that the DA's office sent a memo stating "This office has read and considered the california highway patrol incident report number XXXXXX and is declining to file charges at this time in regards to the above mentioned report for said suspect." I am not sure exactly why and didn't really want to hound the DA office for details. I'd rather not remind them of the case if I don't have to. I noticed that the Memo was written only a couple of days after my arrest so I'm assuming they saw something in the report right away that discouraged them from filing charges? At any rate I won't believe it until a few months go by and I don't receive anything in the mail telling me to come back to court and that I'm being charged...

Attorney Answers 6

Posted

If no collission/injury and this was a first, second or third offense - as in, it is only a misdemeanor, the statute of limitations is 1 year from arrest. Good luck!

Keep an eye on your mail though. The DA, potentially even Police Department, may send something over your way with a new appearance date.

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Posted

Is it available knowledge whether it is a 'no file' or a 'prosecution reject'? Is that something I can find out?

Matthew Murillo

Matthew Murillo

Posted

Usually, the DA's office will refuse to tell you. But you can call and ask. However, it doesn't really mean anything because they still have that 1 yr filing deadline in misdemeanor cases.

Posted

Typically they have up to a year to file. I would make sure that your address is current with the Department of Motor Vehicles. It's not clear if the case is a 'prosecution reject' or a 'no-file.' It's possible they are waiting for blood results or some other piece of information to see if they are going to proceed. This is a no-file situation. If they have reviewed everything and have decided that they aren't going forward at all then this would be a 'prosecution reject.' You could consult with a local attorney who can keep on top of the situation to make sure that if they do file it doesn't fall through the cracks. Good luck.

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Is it available knowledge whether it is a 'no file' or a 'prosecution reject'? Is that something I can find out?

Wade J. Skalsky

Wade J. Skalsky

Posted

Do not contact the prosecutors office yourself. Never contact the authorities personally. Always have an attorney do it for you. I would consult with a lawyer familiar with the jurisdiction who can give you an indication either way. If you don't want to use a lawyer then I would just wait. Many AVVO lawyers offer free consultations. I would find an AVVO lawyer in your area and chat with them about your case. Good luck.

Posted

The statute of limitations on a misdemeanor DUI is 1 year. In some instances the DA is just not ready to file charges. The "declining to file charges at this time" is some indication that this may be the case.

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Posted

Is it available knowledge whether it is a 'no file' or a 'prosecution reject'? Is that something I can find out?

Posted

Assuming it was a misdemeanor, which it probably was, one year from the date of the offense. Best of luck.

Jasen Nielsen

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Posted

SOL in California is one year for misdemeanors after the date of offense.

The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.

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Posted

If they haven't filed charges yet, there is a good chance that they will decline entirely.

However, as my colleagues have said, the statute of limitations is one year.

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