In 2005 received a DUI ticket in Washington. I pled innocent and it went to trial in 2006. In the middle of the trial the state had to dismiss the charges due to lack of evidence. However, they did so "Without prejudice" which means that they can refile. When does the states statue of limitations expire in a case like that? On this late date 2016, can they still file against me? I'd ask my attorney except he didn't even show up in court that day, so piss on him!!
The statute of limitations on gross misdemeanors is 2 years from the alleged date of the violation, i.e. the date that you received the "DUI ticket." A DUI is a gross misdemeanor. 2005 is 11 years ago, and this year is 2016. If they didn't refile by 2007, within 2 years of the alleged date of the violation, you are likely a-okay, unless for whatever reason a warrant went out for your arrest, which, if the the prosecutor dismissed, is almost certainly not the case. My spider sense tells me that you are fine and in the clear. The City/State, whatever the charging agency, will not be able to refile the case if what you say is correct. Cheers.
P.S. You plead "not guilty." You are innocent until proven guilty. You are presumed innocent until the city/state proves that you are guilty beyond a reasonable doubt or until you change your plea to that of "guilty," just FYI.
This answer is for general educational purposes only and should not be construed to create an attorney-client relationship.
The statute of limitation is two years but the statute only runs if you are openly living in the state. So If you have been living outside the state or if you have been hiding under a rock it is still possible to be charged BUT if you have been openly living in Washington and they have not refilled you are in good shape. If you have been living out of state, I think that it is still unlikely that they will refile charges against you for a lot of reasons. One reason is that they are not going to even be thinking about you unless you do something new to get their attention.
If they dismissed in the middle of trial, then double jeopardy would likely bar you from being tried again.
As the rest of my colleagues here have noted, that statue of limitations has likely elapsed (2 years for gross misdemeanor offenses), and as another any refilling may be challenged by asserting double jeopardy depending upon the facts.
From the info you have provided you are in the clear. Good luck to you. Remember if you drink, call a cab.
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