Legal Question in DUI Law in California
Statue of Limitations
In March of 1999, my fiancee was in an accident that was a result of a DUI. He was the only one involved, as he his a median, and was the only one hurt. He was sentenced to 120 day and was granted work furlough. Since August 1999, he has been trying to get into the work furlough program. He does all the right things. He goes to court and get the date and paperwork from the judge. He ''pre-books'' and goes to the work furlough facility and registers, with the understanding that the facility will send him the paperwork prior to the date the courts said he needs to surrender himself. The paperwork never comes, and he goes back to court again, just to repeat the cycle. Is there any type of statue of limitations for something like this? His record clearly shows that he had made many attempts to get this taken care of. If they are not going to make it easy for him to do his time, is there any recourse to get this dismissed as ''time served''?
2 Answers from Attorneys
Re: Statue of Limitations
It appears that your financee has been trying for nearly 4 years to complete his work furlough program. Either he has found the most sympathetic judge in the entire history of man, or you are not getting the true story. In my career the most that a person has been able to delay his entry into work furlough is 6 months. When the paper work was not forwareded the first time and he went back to court he was told to follow up and call the work furlough program if he did not receive the proper forms after a week of his request.
You should check with the local sheriff's department to determine if he has a warrant for his arrest. I would be shocked if there were not a warrant for his arrest, assuming that he has not completed his jail sentence from August of 1999.
NO there is not a statute of limitations on this matter.
Re: Statue of Limitations
Generally there is no statute of limitations for clerical errors like the one you mentioned. However, if his three year probation period is almost up, and he has in good faith attempted to do his work release duties, he may be able to work some kind of deal out with the Judge. That would be completely within the Judge's discretion to grant.
As far as I know, there is no statute of limitations which would relieve him of his duties under his sentence.
Please call or e-mail if you would like to discuss further.
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