: If the DA has not filed my DUI case within one year of the arrest, did the case fail to meet statute of limitations?

Asked on Tuesday, Jan 22, 2013

So according to the DMV there are no records of me having a 3rd DUI in their system. The court does not have those records either. It's been 2 years since I was arrested for this. The DMV said that all I need is an SR22 and I can get my license back. Unfortunately, I have enrolled in an 18-month DUI program that, according to the DMV, I do not need to be taking. Does that mean that there was most likely a clerical error and I lucked out and fell through the cracks? How can I get out of taking this class I've already signed up for?

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Scott Campbell

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Thursday, Jan 24, 2013
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Your question is very State-specific, that is it would depend on the law in your State and the policies of your prosecutor's office. The Statute of Limitations is shorter for a misdemeanor than a felony. Does your State make a 3rd DUI a felony? If so, the longer Statute of Limitation may apply. Is the only reason it has not been filed that you are taking the class? That would have to be answered by the prosecutor's office. You should consult a local criminal attorney who is versed in your State's laws and the policies of the prosecutor's office.