Legal Question in DUI Law in California
Statute of limitations for DUI hearing
A year and couple of months ago my nephew was involved in an accident while driving on a U.S. Military Base in California. He was there on business but is not a member of, or has no other affiliation with, the military.
While on the base, at about 8 o�clock in the morning, a woman ran a stop sign and hit the side of his vehicle.
He was not charged with an accident, but while speaking with the officers on the scene (there were both military police and DOD police there) one of them apparently detected a smell of alcohol and gave him a breatholizer test.
Based on that test he was arrested for DUI, and was issued a �United States District Court Violation Notice (DD Form 1805). On the form, Block A for �you must appear in court� was checked. The instructions on the back stated ''...If no date and time and place are shown, then you will be notified my mail of where and when to appear�
He was then escorted to a room and was told to stay there. After three hours they told him he was free to go. They didn't ask him to surrender his driver�s license. He has lived at his Maryland address of record ever since, but he still has neceived no notification. Is there a statute of limitations for DUI citations like this?
1 Answer from Attorneys
Re: Statute of limitations for DUI hearing
I suggest he check with the court to see if there is a warrant outstanding for his arrest for failure to appear. He likely was sent a letter with a court date. If so, he should have an attorney represent him in trying to deal with the proceedings. If no case was filed, checking on it would remind them of that fact, so the risk is his to take; but they are not likely to file after this long a time. Contact me if he needs legal help.
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