Legal Question in DUI Law in California

No DUI Date Yet?

I was arrested for a DUI after I had an accident in September 2008 (misdemeanor, no injuries). It is now April 2009 and the court says that although I have been assigned a case number, nothing has been filed yet and there is no date set. I know a few people who have gotten arrested for misdemeanor DUIs months after my arrest and they have already been sentenced a few months ago. I have been advised not to contact the court at all in hopes of a DA Reject or passing the Statute of Limitations in California. What are my chances of either, in your opinion?


Asked on 4/09/09, 1:28 pm

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Re: No DUI Date Yet?

You have gotten good advice. Do nothing. I know. Waiting is excruciating, but any contact with the D.A. or police could get them to act on your case. Let it lie. What are the odds? If there had been any injury at all suspected at the time of the accident, I might suspect that they were waiting to hear how the "victim" was doing medically.

But if there was NEVER a question of any injury, then I am not sure why there is no charge. Yes, it could have fallen through the cracks; may be sitting on the corner of some D.A.'s desk under a deep stack.

Maybe they sent a letter to the "victim" asking him/her to call and report whether there is any injury, so they know if they can file a felony. Receiving no response, someone forgot to calendar a follow up?

So let it lie, Being prosecuted isn't fun. Less fun is getting out of your car and seeing a kid under your front wheels, huh? So start using designated drivers.

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Answered on 4/09/09, 2:03 pm
Joe Dane Law Office of Joe Dane

Re: No DUI Date Yet?

Usually, the court only assigns a case number when the DA's office files a charging document with the court. If you already have an attorney, they can ask around at the court clerk's office without arousing the suspicions you fear.

Or, depending on your county, information may be available on line.

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Answered on 4/09/09, 1:51 pm


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