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I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?
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answered on May 31, 2023
If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.
They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.
answered on Aug 24, 2021
Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.
And I havent been subpoenaed again, but lawyer called and said I had to go.
answered on Jun 18, 2021
As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.
my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... View More 
answered on Mar 4, 2021
I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.
Good luck.
I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... View More
answered on Feb 12, 2021
There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very... View More
answered on Feb 9, 2021
IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... View More
First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... View More
answered on Feb 3, 2021
There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.
I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... View More
answered on Jan 20, 2021
You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If... View More
The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court
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answered on Jan 11, 2021
Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that,... View More
I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... View More
answered on Nov 24, 2020
I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... View More
due to covid i haven’t been able to get a court date or start a probation time and it’s been so long i feel as if i’m supposed to be covered by the medcard
answered on Nov 3, 2020
It is a big chaotic circus right now with different counties implementing different rules relating to the medical marijuana issue and probation. It sounds like you haven’t waived your trial rights or been placed on probation yet which is good. Most judges appreciate when you’re upfront with... View More
Is there anyway i can avoid jail since we are in covid 19 pandemic.
answered on Sep 10, 2020
Your lawyer knows the most likely outcome. Many counties require actual jail time for third offenses, Los Angeles is well-known for being over crowded and for sentences being completed well before the actual release date. Your lawyer may be able to ask for a sentencing alternative and you may... View More
What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... View More
answered on Aug 3, 2020
You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... View More
They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... View More
answered on Aug 3, 2020
It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... View More
the community service started in 3 weeks and navy relocated him to california two weeks later. He told judge this and he said well dont ever come back to florida or you'll be arrested. California gave him a license and so did illinois where we live now. Now illinois wont reissue his driver... View More
answered on May 15, 2020
It is unclear from your questions whether the hold is in Illinois of Florida. I suggest that you call the Illinois DMV at 217-782-7065, give his Illinois drivers license number and ask what the hold is about and where it is from. Beware, they are closed now due to COVID and it may take awhile... View More
It was entered on odcr.com regarding my girlfriends felony Dui-d case. Also ORAS was on there.
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answered on May 5, 2020
It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... View More
I received a call this morning saying I needed to come back down so they could give me another court. Will I be rearrested? I refused the breathalyzer, I didn’t do a field sobriety test nor did they take blood at the hospital. I’m just not sure why I would have to go back after being released.
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answered on Apr 20, 2020
It is likely that the police department issued you a summons for a court date/location that is unavailable due to the courthouse closures arising from the COVID-19 pandemic. The police department is likely asking you to go into the station so they can reissue your summons for a new court... View More
My testing has been suspended as of today due to corona virus. My probation officer just sent an email saying my testing has been suspended for now and when the time comes i can take a hair or blood test. Is this legal?
answered on Apr 14, 2020
Yes. Your participation in sobriety court is voluntary (I realize that it may not have seemed like it when you plead). And as part of your continued participation, you agree to a number of conditions and waiver of some rights. Most important, you are subject to the reasonable demands and... View More
To get my charges dismissed or overturned because of this? Or am I just suppose to waste time and wait for all this to blow over?
answered on Apr 14, 2020
The current situation is unlikely to result in either your charges being dropped or your conviction being overturned. Your question cannot be completely answered because charges being dropped presupposes that prosecution of your case hasn't started or been completed, whereas, overturned... View More
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