Q: How do you speed up the process on getting charged or dismissed for a DUI?
I was arrested for a DUI in Indiana Oct 4 around 3am. I was taken to the station and released on bail for 2500 on Oct 5 at 3pm. The officers let me know that I should wait a couple of weeks for a court date. It has been approximately 5 weeks and I haven't received any charges. I'm not sure what to do. I don't have any type of record I would like to remove the arrested from my record as well as speed up the process to dissmiss the future, or if there is none, charges to receive my license back.
A: This question comes up fairly often. There is no benefit to speeding up the process of filing of charges. Although it rarely happens, sometimes paperwork DOES get lost in the system. In that unlikely event, the prosecutor's case will never get better with age. If you contact me privately with details, I will be happy to answer your inquiry further.
A: The prosecutor has up to 2 years to file misdemeanor charges. If the case is not good, forcing the prosecutors hand early could result in charges getting filed rather than kept on the back burner. Also even if the case was dismissed, an expungement cannot be filed for a minimum of one year. If charges have not been filed, you should have a valid license, unless there is another reason for a suspension. The police took your physical license, but only the Court/BMV can suspend your driving privileges after charges have been filed.
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