To better help you understand how the legal justice system works:
- The state has 2 years statute of limitations to file criminal gross misdemeanor charges- this includes DUI
- The court has 120 days to bring you to a contested hearing from when a traffic infraction is received or we can ask a case dismissed
- The DOL has 30 days to bring you a DOL hearing for a DUI if the officer submitted their case with DOL. If the officer has not submitted the case, the DOL must refund the DOL hearing fee paid and send you a letter notifying you of no case after 120 days.
Sometimes, defendant’s luck out because the government gets late on the above timeline and they either win on 1, 2, or 3 on time limit violations. Other times, the state just decided to not charge an offense so the defendant lucks out in not having to face charges.
I do check from time to time on the above for my clients in line just to avoid warrants being issued for missed hearing notices. However, checking too often may encourage the state to file charges and more aggressively pursue a case than they would otherwise do on their own. Essentially, it is ok to “poke the bear,” but you sometimes risk “waking it.”
The best course of action for a defendant is to keep their mailing address up to date and check the mail regularly. If a case gets initiated, a hearing notice will be mailed to you directly.
