Q: first time offender DUI charge in CA by CHP.
Pulled over, detained, and gave two BAC’s. Was .29, cops let me call my mother and she picked me up. Took license and gave me the 30 day slip. That was February 19, 2021. Fast forward, still no court date, still nothing. My boyfriend did the legwork and was able to find me the resources to get my restricted license and the DMV was shocked I haven’t been to court. What should I do? It’s almost been a year and nothing. Yes, I’ve called the courthouse and asked for updates and each time they say nothing yet, we will send a notice in the mail to appear.
A: The good news, if there is any, is that you are really close to the Statute of Limitations running (assuming this is a first offense without and accident causing injury). In a misdemeanor prosecution, the prosecution has 1 year from the offense date to file charges, once the filing deadline has passed, you can't be charged.
A: When you were arrested, you were given a date to appear in court for arraignment on a DUI charge. Did you attend? What was the outcome? Check with the Superior Court in the county where the DUI incident occurred to verify your belief that charges have not been filed, because notifications of charges and court dates can be sent to incorrect or out-of-date addresses. If charges are not filed within a year of the DUI incident, your arrest should be reclassified as a detention, and all references to an arrest should be deleted from your record. Good luck.
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