Legal Question in DUI Law in Pennsylvania

Re: refiling dui charges- 3 times

The statute of limitations on a DUI case is 2 years. In order to refile, they have to get the written authorization of the DA.

I practice in Allegheny County, so I would be willing to talk with you about this matter. Please contact me if you wish.

Re: refiling dui charges- 3 times

That depends. They have to get approval of the District Attorney to refile and it has to be within the statute of limitations. They also have to ppresent a motion in court to get a different issuing authority (Magisterial District Judge). It sounds to me like they aren't doing that. If you want to discuss this further, please feel free to call me. I'm in Allegheny County. Here is the statute that applies to refiled cases:

Pa. R. Crim. P. 544 (2007)

Rule 544. Reinstituting Charges Following Withdrawal or Dismissal

(A) When charges are dismissed or withdrawn at, or prior to a preliminary hearing, the attorney for the Commonwealth may reinstitute the charges by approving, in writing, the refiling of a complaint with the issuing authority who dismissed or permitted the withdrawal of the charges.

(B) Following the refiling of a complaint pursuant to paragraph (A), if the attorney for the Commonwealth determines that the preliminary hearing should be conducted by a different issuing authority, the attorney shall file a Rule 132 motion with the clerk of courts requesting that the president judge, or a judge designated by the president judge, assign a different issuing authority to conduct the preliminary hearing. The motion shall set forth the reasons for requesting a different issuing authority.