Detroit, MI asked in DUI / DWI for Michigan

Q: Is it true that you can have a DWI dismissed if charges are brought against you 18 months or longer after the stop

I was pulled over Jan of 2020 and they are just now charging me. I was told that it could get dismissed on prejudice if charges are brought 18 months after even though the statue is 6 years

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month guideline). Unfortunately, that does not wholly apply to your situation. You should find a lawyer to properly assess your situation and the facts behind it; it's possible an appropriate motion could be filed, but it's very much fact-dependent and definitely not a simple matter of "well it's been 18 months so we have to dismiss".

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