Atlanta, GA asked in DUI / DWI and Criminal Law for Tennessee

Q: Is there a statue of limitations on a dui in tn?

I was arrested 12/3/21 for dui. Since my 1st court date my case has been postponed because the arresting officer has been away on military leave. I'm getting ready to go back to court soon. When I go back it will have been over a year. Is it possible to ask to have the case dismissed?

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2 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: The SOL has already been met by the Arrest Warrant being issued. Hire an attorney and prepare for a Preliminary Hearing.

Brandon D. Fersten
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Brandon D. Fersten
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: The SOL may have been met by the Arrest Warrant. However, you should have your lawyer review the arrest warrant to make sure each element of the offense is supported by factual details. If an element of DUI is not supported factually within the arrest warrant then your lawyer can move for the court to dismiss the charge.

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