Got.a.dui.after.cops.woke.me.up..in.my.car.at.a.circle.k/ .they.made.me.take.blood.test.one.year.and.5.days.later..dui.in.mail

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happened.at.noon.no.alcohol.in.blood..but.positive.for.cocaine...is.there.a.statute.of.limitations

Attorney Answers

4
Cary Lackey ·
You are right on the edge. The State has 1-year from the date of the offense within which to file a misdemeanor complaint against a suspect, pursuant to Arizona Revised Statute section 13-107(B)(2). I am curious as to whether they have attempted to serve you within that time frame (other than the notice you just received in the mail). Further complicating this issue is the fact that the State is, essentially, allowed an additional 6-months to serve the summons. What you need is an experienced, Arizona-licensed DUI attorney to represent you in this matter. Many such attorneys, including myself, offer free, 30-minute initial consultations. You should consider availing yourself of one of more of these. If you cannot afford an attorney, a public defender will be appointed to represent you, as the State WILL be seeking mandatory Jail time if you are convicted of the offense. Lastly, in addition to the timeliness issue, you may have a decent "actual physical control" argument that a skilled, Arizona-licensed DUI attorney may be able to use at Trial.
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Craig Rosenstein ·
As already stated, there is a 1 year statute of limitations, but they very likely filed on you right before that date. Whats important to know is that you are allowed to use your car as a shelter. In AZ, the police don't seem to understand this. You are allowed to sleep in your car. You aren't allowed to drive in it, or be in control of it, such that you were just about to drive it. You should speak to an experienced DUI attorney about how to defend your rights (particularly your driving privileges)
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Julia Simmons ·
Yes, but the statute of limitations wouldn't apply in this. Generally speaking, DA has at least a year to file charges in most states.
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Peter Goodman ·
For misdemeanors in AZ, prosecutors have one year from the incident to file formal charges. I would suggest looking into hiring an attorney for your case. You seem to have a very unique circumstance. Our firm had a client in similar circumstances where his DUI was filed on the very last day of the one year SOL.
0 upvotes