Legal Question in DUI Law in Pennsylvania

DUI: Statutes of Limitations

I was arrested for DUI in October of 2008. The case was dismissed because the officer never showed. How long does the cop have to refile the charges? If you were my attorney how would you proceed if the charges were refiled? I have a feeling the cop will re-file charges.


Asked on 4/27/09, 12:16 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: DUI: Statutes of Limitations

If it was a State Trooper, the charges will almost certainly be re-filed. It's hard to formulate a theory of defense without knowing the particulars of the case but I would probably argue that you were prejudiced by the delay in filing of the charges. At one time the delay in filing alone would have been sufficient to warrant dismissal, see Commonwealth v. Revtai, 343 Pa. Super. 149, 494 A.2d 399 (Pa. Super. 1985) but now you have to show that you were prejudiced by the delay.

Read more
Answered on 4/27/09, 12:59 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Pennsylvania