Legal Question in DUI Law in California

I was arrested for DUI in Orange County, CA. I held a DMV hearing in person (without an attorney) and my license was suspended. On a later date I arrived at court for my first court requested appearance (without an attorney). When they entered my information into the system the first window desk told me they could not find me in the system and instructed me to another window inside the court. At that window they told me that the District Attorney has not filed a case against me and that I was free to go. They said that if they decided to file a case against me they would send something in the mail to me. Is this normal? What exactly does this mean? What should I expect?


Asked on 12/12/09, 3:24 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

The statute of limitations on a misdemeanor DUI is one year. The DA has up to a year from the date of the incident to file charges.

The Orange County DA's office is notorious for not having charges filed by the date you were told to appear in court. Unfortunately, it doesn't mean that you are home free yet. I expect that if/when they file charges against you, you'll get a letter in the mail from them indicating that charges have been filed and a date to appear in court. Either you or an attorney on your behalf should appear on that date.

Let me know if you want to discuss representation on your case further.

Joe Dane

www.joedane.com/about

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Answered on 12/17/09, 6:02 pm


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