Legal Question in Criminal Law in California

misdemeanor statue of limitations

I received a ticket from CHP in 1998 for a suspended license, crossing a double yellow line. I never appeared. The case still shows up, but the warrant was recalled. There is however a dmv hold. I researched and the chp is officer retired. what do i do?


Asked on 8/10/07, 1:45 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: misdemeanor statue of limitations

You go to court and deal with the charges just like anybody else charged. You'll get a stiff fine and penalties for failure to appear, and when paid, your license will be released.

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Answered on 8/10/07, 12:48 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: misdemeanor statue of limitations

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that generally, the California Penal Code has a one year statute of limitations for misdemeanors, and three years or more for felonies. Since your case was a misdemeanor, you, or an attorney, can appear in court, and make the case once again an active case. From there, you can file a motion to dismiss (A Serna motion in this case), or set the case for trial, or utilize other strategies that might be best in the defense of this case.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 8/10/07, 6:14 pm


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