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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27059
Experience:  Active member of the NYS bar since 1989
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Its been 8 yrs I had an accident in Eugene Oregon. I was

Customer Question

its been 8 yrs I had an accident in Eugene Oregon. I was charged with a Dui because I was on medication. I did everything the court ask me to do send the court everything they asked for. except paid fine. I did hurt it .it hurt me. They charged me with minus to a light pole. now I cant renew my license because the state of Oregon wants me to get and sr22 and send them originals of the dui classed and so on.statute of limitations is 3 yrs for this crime in the state of Oregon. What do you think
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

Unfortunately, I don't generally get to give good news when it comes to criminal cases, and this is no exception.

The statute of limitations controls how old a case can get before it is considered too old to be filed with the court. Once the case has been filed, the statute of limitations no longer applies. You case was not only filed, but you were convicted, sentenced and discharged of your sentence. The statute of limitations has nothing to do with your matter.

Your criminal case is over. What remains is administrative -- the reinstatement of your license by the DMV -- and because driving is a privilege and not a right, the DMV is free to impose conditions upon you to restore your driving privileges. These are separate from what the court wanted and not part of your sentence. SR-22 insurance and even sometimes the installation of an interlock are typical DMV requirements after a dui involving an accident which cannot be ducked just because you waited 8 years to drive again.

If you feel the requirements are unreasonable, you can appeal the requirement to the DMV, but legally you're going to be on shaky grounds if you are going to base such an appeal on the criminal statute of limitations.