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Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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recived a dwi ticket on 11/15/2004 was arested (AT large )

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recived a dwi ticket on 11/15/2004 was arested (AT large ) and releashed from hospital blood draw wa done with ethyl alcohol @ 11:35 p.m. results 0 @0019 on 11/16/04 test show 150 mg/dl was arested in may this year for warent renwed my DL nov 2007 payed a reinstament fee what is the limetaction on firt time dwi in texas thanks
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

Thank you for the information and the question. A first time DWI in Texas is a misdemeanor. Therefore the statute of limitations from the time of the crime to when the complaint must be filed is two years. You can see the statute set out below for misdemeanors. Below that statute is the statute that governs the "tolling" of the statute of limitations (the time when the clock is stopped and time does not count against the government.

Please let me know if you have any follow up questions.


Art. 12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF INDICTMENT, ETC., NOT COMPUTED. (a) The time during which the accused is absent from the state shall not be computed in the period of limitation.

(b) The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.

(c) The term "during the pendency," as used herein, means that period of time beginning with the day the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction thereof, determined to be invalid for any reason.

(b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

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Customer: replied 2 years ago.

i go to court 07/03/2012 so dose they must thow the charge out?

Expert:  Marsha411JD replied 2 years ago.
Hello again,

I can't speak to your specific case because I don't have your file in front of me and don't have the information that the State has. However, assuming that a complaint was never filed before now, the a motion for dismissal based on the running of the statute of limitations would be appropriate. In that case, the State would have to show their calculations to overcome the fact that it has been 7 1/2 years since the DWI.

You really though want an attorney representing you for this so that they can assert the legal precedent and evidence necessary to rebut anything that the State might raise.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17031
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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