Legal Question in DUI Law in Georgia

statute of limitations

I was charged with dui in 1998. would like to know if there is a ststuate of limitations on these charges. haven't been in any trouble at all since then.


Asked on 5/19/04, 10:15 pm

1 Answer from Attorneys

J. Michael Mullis J. Michael Mullis, Attorney at Law

Re: statute of limitations

A DUI is a misdemeanor. Once you are arrested for DUI, the prosecutor has two years in which to file charges with the Clerk of Court. If charges are not filed with the Clerk in a timely manner, you cannot be prosecuted.

If the prosecutor files charges in a timely manner, unless you file a speedy trial demand in a timely manner, there is no limit on the time the prosecutor has to bring the case to trial.

Once you properly filed a speedy trial demand, the prosecutor must try your case by the end of the term of court following the term during which you filed your demand.

J. Michael Mullis

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Answered on 5/20/04, 2:20 am


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