Legal Question in DUI Law in Washington

dui

my son got arrested for dui and driving on a suspended lisense,he did bnot bail out for four days ,he went to court and they said they were not going to prosecute but could for 2 yrs is something amiss here


Asked on 6/30/09, 4:01 pm

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: dui

No. It is very normal. The prosecutor is constrained by a speedy trial rule. Once a case is filed they have up to 90 (but really 106) days to get the case to trial. So, they often do not filed until the case is completely prepared. Contact me directly if you'd like further assistance or help preparing your defense in the meantime.

At your service,

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Answered on 6/30/09, 4:09 pm
Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: dui

Just to tack on to Mr. White's response: 9A.04.080 contains the statute of limitations--that is, a period within which prosecution must commence on an alleged crime. Most crimes have an SOL (some, such as murder, have none). The SOL for a gross misdemeanor (including DUI and DWLS1 or DWLS2) is 2 years (if it's a DWLS3, the SOL is 1 year). But Mr. White is correct: sometimes, the prosecutor needs additional time to erect his or her case and this is why they don't rush to file charges.

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Answered on 6/30/09, 4:44 pm


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