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Is it unusual for DA to take over 10 months to file DUI charges for BAC of .11 and could that be a positive sign for my case?
Anonymous6 views7 answers
I was sited for DIU 10 months ago with a BAC of .11. I was not charged in my hearing, was told we will let you know if and when charges are filed. Is that unusual and should I even attempt to call and inquire now or wait for 1 year then call or not call at all?
Troy SlatenCriminal Defense AttorneyBeverly Hills, CA ·
Unfortunately, it is not unusual.
The DA often takes their sweet time in deciding to file and unfortunately you live with this black cloud over your head until the DA decides what they are going to do.
The best thing to do is to contact an experienced criminal defense attorney who may be able to ensure they do not, in fact, file charges.
Most of us here, including myself, will give you a free consultation. You have nothing to lose and everything to gain by reaching out.
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
It us unusual but their may be a number if reasons that the da has not filed yet. You have no obligation to inquire. Why would you. To remind then that they missed filing. Wait the year. Look for notify letter in mail or check with court clerk. Do not check with da.
Jennifer J WirschingFederal Crime LawyerGlendale, CA ·
This is not unusual in OC. Those of us who practice there are familiar with this annoying tendency of the DA's office to lag on filing on these cases. You need to hire one of us to represent you, and to check on the filing of the case on your behalf. Sorry it wasn't better news, but I believe people want honesty.
10 months is unusual in Orange County, or in any County for that matter when there is a one year statute of limitations. There are unique circumstances when a filing may get lost -- don't bank on it, as this is very rare. No need to contact the DA's office. If your year passes, you are in good shape! Did DMV proceed with your license suspension after your DMV/APS Hearing? I hope you had this hearing. In any event, not a bad idea to contact an attorney. Most on offer free consultations.
There are many reasons for a late filing. I've seen cases that were filed one day before the years end. I've even had cases that were filed after the year mark. You almost there, just wait a bit longer.
I OC, it can take a year. I've even seen one case file over 12 months from arrest. YOu can get that type of case dismissed, but it still doesn't change the fact it was still filed over the 12 month mark.
10 months is not unusual in the OC. The courthouse in Fullerton appears to take longer. Personally I wouldn't call. If you're buried in a stash of paper why resurrect the matter. Good luck.
