Oakland, CA asked in DUI / DWI for California

Q: Statue of Limitations, Motion for dismissal,of misdeameanor DUI over a year ago.Can public defndr wave statue of limit.?

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1 Lawyer Answer
Ramona Rae Hallam
Ramona Rae Hallam
  • DUI & DWI Lawyer
  • Encinitas, CA
  • Licensed in California

A: Pursuant to California Revised Code, Penal Code Sections 802-803

(a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.

The limitations period stops running once charges have been commenced. If the public defender is involved, chances are that the case was commenced before the year was up. You should consult with an attorney or with the public defender on this issue. If the statute has run past a year, and there is no waiver on your part, it should be a complete defense.

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