Hello. Can you tell me please if a second DUI in North Carolina, arrested 1 year and 41 days after the conviction of the first DUI, is a malicious Misdemeanor that can still be prosecuted or a regular misdomeanor that can no longer be prosecuted? My brother is seriously concerned. He was convicted of his first DUI in NC 3 and a half years ago. One year and 41 days later he got another DUI in NC, posted bond, and went to West Virginia. There were no accidents or injuries with either DUI. Both were for prescription medication in his system, the first found as a result of the state SBI lab test. We are not aware of any findings from his bloodwork on the second arrest. There is no other criminal history and his driving record is clean except the DUI's. It has been over two years and we want him home but we have no idea what the statute of limitations is as we can not find a definition for malicious misdomeanors as associated with North Carolina. All we know is felonies and malicio
State/Country relating to Question: North Carolina
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Are you saying your brother was charged with the second DUI - and failed to appear in Court?
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HiAre you saying he was charged with the DUI and then failed to appear in Court on the charge because he fled the state?And you want to know what the Statute of Limitations is on the prosecution of that new charge?
Hello. Yes, he did fail to appear on the second DUI. He has only been in West Virginia the last 16 days. He was arrested in Asheville, NC and left to go to Charlotte, NC to work. He had hoped no one would look for him there. Yes, I am wanting to know about the Statute of Limitations on the prosecution of the second charge. He was convicted on the 1st DUI, paid all fines and satisfied everything for the first charge. I'm not sure if he ever even made an appearance on the second DUI charge but he may have appeared for the initial court date because I'm thinking he went in and asked for a court appointed attorney. I am not sure on that and wont be able to ask him until he sends word to me.
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HiIf there was a failure to appear, a bench warrant has been issed. The Statute of Limitations is a non issue because the charges were filed. That means, the bench warrant is active and will remain so until it is served.If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you.
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