Statute of Limitations being contacted to go to court after an arrest
Is there a time limit in Michigan where a person (after being arrested for a second DUI) is arraigned to go to court? It has been over 7 months since the arrest. The Secretary of State has information on the 2nd arrest but the court has not received any paperwork of such. Therefore, he cannot get a full license back pending being notifed that the court has been notified.....Thank you.
2 Answers from Attorneys
Re: Statute of Limitations being contacted to go to court after an arrest
You should call the court (stated on the bond receipt). Your (boyfriend/husband) may have a bench warrant out on him for failure to appear (failure to notify the SoS of a change of address is the usual reason). If there is a warrant he should get back to the court ASAP. I have had cases take a year for arraignment because of State Police protocols.
Second offenders are usually in no hurry to be arraigned since conviction revokes a driver's license for
one year.
Sounds like he got his OWI II less than a year after his last conviction.
He needs a lawyer.
Re: Statute of Limitations being contacted to go to court after an arrest
My best recollection (without researching) is that the Statute of Limitations on this offense is 7 years.
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