Questions asked by anonymous people with questions about DUI’s and other criminal charges

DUI charge not filed on scheduled date

DUI charge not filed on scheduled date

Question: What can I do about my DUI in December 2010 that was notDUI charge not filed on scheduled date and just now gone through apparently? I was stopped in my own driveway already out of the car walking to the house when the cop pulled up. I blew a .13 and was arrested.

I called and called but my DUI ticket did not turned in and I just received a letter today informing of the DUI court date and that I apparently missed one already.

Answer: When was the first DUI court date that you missed? That is an important issue. If the prosecutor failed to file the charges against you within one year from your DUI arrest, it may be possible to get the charges dismissed.

There may be other issues with the prosecutors case. Based on what you wrote, that you missed a court date, I am assuming the court issued a bench warrant against you. Since your Driving Under the Influence arrest was almost 2 years ago, even if the charges were initially brought within one year from arrest, it may be possible to get the DUI charges dismissed.

Also, it’s possible that the prosecutor could have issues with their case (ie. if they can’t find the maintenance and calibration records of their breath machine, etc, the arresting officer no longer works for the arresting agency and can’t be reached, they lost paperwork, etc). You should speak to a DUI attorney in your area to discuss your case in more detail.

Click the DUI info link info to find out more about DUI’s: DUI info

Feel free to contact me at 818-336-1384 if you would like to discuss your DUI case in more detail.

Sincerely,

Philip Hache
DUI and Criminal Defense Attorney
Los Angeles County, Ventura County, San Bernardino County, Orange County

About Phil Hache

I am happy to speak to you about your case. Feel free to contact me at (818) 336-1384 for a free consultation to discuss your situation in more detail.


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by Phil Hache

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