DUI charge dismissed if warrant old
Question: I’ve been avoiding a second offense DUI for four years, is there anything in the statute of limitations that says i can get rid of this DUI charge if I avoid it long enough? Or do I have to just deal with the situation? I have skipped out on bail 5 times over the course of the four years.
Answer: It may be possible for your DUI attorney to file a Serna motion which allows the defense to argue that the police and prosecution failed to seek you out, and serve the warrant on you. Further, because of this untimely action,the defense is prejudiced and unable to present evidence of mitigation in court. Based on what you wrote though (skipping out on bail 5 times), if I had to guess, I would say that it is unlikely that a serna motion would be granted on this case since it appears that they did seek you out, but you were affirmatively avoiding them.
Call me to discuss further.
DUI & Criminal Defense Attorney