Legal Question in Traffic Law in Washington
Statuate of limitations question
Around seven years ago I was stopped in kent washington and received a ticket for driving while suspended. I never received a court date and missed the one they appointed me. I reside in Idaho and just never took care of it. Since the seven years is up what can I do to squash it or whatever. Or can I do anything about it at all?
2 Answers from Attorneys
Re: Statuate of limitations question
No, the statute of limitations only runs while you are still in Wash. If you are outside the state, as you are the statute tolls (doesn't run). Therefore, there is nothing you can do to get the case dismissed. Also the limitation period for misdemeanors is generally 2 yrs and for felonies is 3 yrs. ........ However, you can still deal with the charges by contacting the prosecuting attorney on the case and trying to make a deal. If you want me to do this for you, my telephone # is 208-345-3817
Re: Statuate of limitations question
Driving While License Suspended in the Third Degree is a misdemeanor with a 1 year statute of limitation (2nd & 1st degree are gross misdemeanors with a 2 year statute of limitation). Citations for this offense are typically filed within 48 hours. Once filed, the time limit issue concerns your right to a speedy trial, i.e. within 90 days of your arraignment. If you failed to appear for your arraignment, or any subsequent hearing at which your appearance was required, the clock stops ticking on your speedy trial period and a warrant for your arrest is issued.
Typically, a district court warrant is valid for 5 years, then comes up for review. The only way for you to resolve this matter is to return to court, or to attempt to settle the case with the prosecutor personally or through an attorney in a manner that does not require your appearance, e.g. a bail forfeiture.
Being a traffic offense, your driving privilege in WA is likely suspended because of the FTA.
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