Legal Question in Traffic Law in California

Statuate of Limitations

Several years back I was convicted of DUI and two seperate charges of driving with a suspended licences on two seperate days I what to know if there is any statuate of limitations for these type of offences? if so what are they?


Asked on 1/09/03, 3:59 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Statuate of Limitations

Thank you for your posting.

There is a statute of limitation as to prosecution of a misdemeanor DUI -- the prosecution generally has one year from the date of the incident to file charges against you. If the case was a felony, they have three years or more, depending upon the exact charges.

You indicated, however, that you've pled guilty. Perhaps you mean by "statute of limitations", that you want to know how long a DUI can be used as a second time offense? That is seven years between the first and the second offense.

A DUI will stay on your criminal record or driving record indefinitely, unless you file a motion for expunge it, which takes it off your record for certain purposes.

I hope this information helps, but if you need other questions answered, want more details on this answer, or feel you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.

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Answered on 1/13/03, 7:48 pm


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