Legal Question in DUI Law in Minnesota

I was arrested for driving on acid after being in a crash. Took a urine test they dropped the charges but I have not been recharged and this was 6 months ago. No one was hurt insurance covered everything else. Is there a time frame on which they have to recharge me?


Asked on 5/28/15, 5:43 am

4 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Please review: 2014 Minnesota Statutes

This section has been affected by law enacted during the 2015 legislative session. More info...

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2014 Statutes New, Amended or Repealed

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Chapter 628

Table of Sections

Full Chapter Text

Section 628.26

2015 628.26 Amended 2015 c 65 art 6 s 21

2009 628.26 Amended 2009 c 119 s 18

2009 628.26 Amended 2009 c 59 art 5 s 20

2005 628.26 Amended 2005 c 136 art 17 s 52

2001 628.26 Amended 2001 c 7 s 89

2000 628.26 Amended 2000 c 311 art 4 s 9

1995 628.26 Amended 1995 c 226 art 2 s 35

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.

(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the victim was under the age of 18 years at the time the offense was committed, shall be found or made and filed in the proper court within the later of nine years after the commission of the offense or three years after the offense was reported to law enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for violation of sections 609.342 to 609.344 may be found or made and filed in the proper court at any time after commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced within nine years after the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.

(l) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.

(m) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.

(n) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.

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Answered on 5/28/15, 6:44 am
Thomas C. Gallagher Gallagher Criminal Defense

The shortest limitations period in Minnesota Statutes is three years. There could be other defenses that could be raised based on delay.

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Answered on 5/28/15, 11:28 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Quite simply, the statute of limitations is three years. They have up to three years from te date of the incident to charge you.

It is not unusual where blood testing evidence is used for charges to come six months or more after the incident.

For a FREE consultation call 612-240-8005.

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Answered on 5/29/15, 6:54 am
Samuel Edmunds Sieben | Edmunds PLLC

3 years. You'll very likely be charged eventually. Feel free to give me a call.

651-994-6744

sam@siebenedmunds.com

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Answered on 6/02/15, 1:25 pm


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