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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17406
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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what are the statute of limitations on dui in n.c.

Resolved Question:

what are the statute of limitations on dui in n.c.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank your for your question. Just so I am sure what exactly the situation is, can you give be background about the situation? The reason I am asking is your additional note that is has been "17 years." Since what? An arrest, trial, preliminary hearing, or what? What is the situation that has brought this question up?

Thank you
Customer: replied 1 year ago.


since the arrest on the charge never been to court

Customer: replied 1 year ago.


since the arrest

Expert:  Marsha411JD replied 1 year ago.
Hello again Jack,

Thank you for that clarification. In NC, DUI's which are charged as misdemeanors (unless death or serious bodily injury occurs) must be at least arraigned (beginning of prosecution process) no later than two years after the alleged misconduct. However, there is a "tolling" of the statute of limitations for any period where the accused has absented themselves from the State. So, for example, if someone was stopped and ticketed or arrested for a DUI 17 years ago and then immediately left the State. Then those 17 years would be deducted from the counting clock and the State would still have time to prosecute.

Please let me know if you need any clarification or have a related follow up question. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


So I still have to go to court to settle this?

Expert:  Marsha411JD replied 1 year ago.
I am not sure what the situation is, so I can't answer that. You will have to tell me what exactly is going on for me to answer that question. Are you in NC? Why is this an issue right now? What has happened?
Customer: replied 1 year ago.


Don't live in N.C. just never got back to N . C. to settle it

Customer: replied 1 year ago.


I dont live i nc never got back there to settle it

Expert:  Marsha411JD replied 1 year ago.
I am still not sure what you mean by "settle it" since you haven't told me why now and if you know whether or not there is a warrant out for your arrest. If the State decided not to prosecute, then there is nothing to settle. On the other hand if you never showed up to your first or subsequent hearing, but know that you were ticketed or arrested, then you probably have a warrant out for your arrest. In that case, then you need to contact a criminal defense attorney in the County where the DUI occurred and enlist their assistance in finding out exactly what the State's position on your case is and if they have a warrant and want to prosecute it, then your attorney can work out a deal for you to turn yourself in and then be release and probably either a dismissal or reduced charge on the DUI. It is doubtful that the prosecutor's office will have the witnesses and all necessary evidence from that far back, so this might work out for you, but you will have to get an attorney to help make sure this goes as smoothly as possible.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17406
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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