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Law and Order
Law and Order, Lawyer (JD)
Category: Legal
Satisfied Customers: 137
Experience:  Experienced Trial Attorney in Criminal and Civil Matters
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Stopped for DUI in Oct. of 2000 held in jail for 3days ...

Resolved Question:

Stopped for DUI in Oct. of 2000 held in jail for 3days released with a slip of paper titled Cleveland Municipal court summons that I had to sign and in the place for Date is has await summons, received letter of lic. and registion block from the OBMV on 12-12-07 is there a statue of limation on DUI
Submitted: 9 years ago.
Category: Legal
Expert:  Law and Order replied 9 years ago.

HelloCustomer

There is a statute of limitations to charge a DUI, but once the alleged offense has been charged then it tolls the statute of limitations from applying. Since you were given a court summons to sign and were obviously arrested since you spent time in jail then you have already been charged with the offense and the statute of limitations no longer applies. If you had not been arrested and charged then there would be a set time limit, in which you could be charged but that time limit does not apply to when your case must be disposed of.

Please click Accept below for my answer. Thank you.

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Customer: replied 9 years ago.
Police stopped me Oct 7, 2000 about 9:00 PM towed car took me to jail asked me to do a breath test I took it but they said I didn't blow hard enough I explained that was as hard as I could blow because I have a lung disease (Scarcodosis) they told me a little old lady with emphyzima could blow harder...then they placed me in jail and I was released on Tue which was Oct. 10, 2000 and was not given a ticket but was asked to sign a slip of paper that stated Cleveland Municipa Court Summons and here is content Original arrest is checked and You are ordered to appear in person, at 9:00 am, on Await summons, 19____ at the Justice Cneter, 1200 Ontario, third Floor, Cleveland, Ohio YOUR NAME AND THE COURTROOM NUMBER IN WHICH OU MUST APPEAR WILL BE POSTED ON A PUBLIC LIST IN FRONT ON THE COURTROOMS. Name of Defendat______________ offenses 437.27B1, 413.03, 433.01A1, 43501C in Violation of O.R.C./City Ord. No. Seat Belt Traffic cont. DUI Lic. Reg.
Then I had to sign it which I did. Now i have looked the offenses and I know what they are.....WHAT I NEED TO KNOW FROM YOU IS WHAT IS THE STATUE OF LIMITATION on this or how long can they wait to SUMMONS ME TO COURT it has been over seven years.

Thank You
Customer: replied 9 years ago.
The paper said Await Summons.......so they can wait 7 plus years and then request $240. some dollars to give me a court date?
Expert:  Law and Order replied 9 years ago.

HelloCustomer

According to the Ohio Code ORC Ann. 2901.13 (2007), § 2901.13. Limitation of criminal prosecutions... a prosecution shall be barred unless it is commenced within the following periods after an offense is committed: For a misdemeanor other than a minor misdemeanor, two years. Since a DUI is a first degree misdemeanor it would fall under the category of a 2 year statute of limitations.

A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.

So in your situation the statute of limitations would have tolled when you were arrested if it was a legal arrest.

I hope this additional information clears up any questions from my first answer. Please click Accept below so that I may receive credit for my answer. Thank you.

Customer: replied 9 years ago.
What does this mean?? (So in your situation the statute of limitations would have tolled when you were arrested if it was a legal arrest.)
Expert:  Law and Order replied 9 years ago.

I apologize if I was not clear before. You asked me what the statute of limitations for a DUI is and my response was two years from the date of offense. However the statute stops running, or tolls, when a legal arrest has been made. Since you were arrested for this offense the statute of limitations no longer applies. If you did not receive a court date then this may have been a clerical error with the clerk's office but is not related to the statute of limitations. You can tell the DA's office that you never received your court date and they can look in the system and see if it was ever sent out to you. They may be willing to help you since you did not miss a court date through any fault of your own. The state may be unable to prosecute your case at this time or chose not to but legally they can still since you had been arrested.

I hope this has cleared up my last answer. Please click Accept below for my answer. Thank you.

Customer: replied 9 years ago.

I will accept on 01-02-08 after I return from court......and I will accept, but I not sure if I understood your answer because I was never charged so I think the the statue of limitation would be in my favor. You may or may not be interested in the outcome but I will let you know the outcome and accept your answer then.

Thank You

Customer: replied 9 years ago.
I have to go infront of a judge so I can't tell you the outcome yet. But as promised I am acepting your answer