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  #1  
Old 12-09-2005, 02:40 PM
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Join Date: Dec 2005
Posts: 1

Does the statute of limitations apply?


What is the name of your state? Utah


We currently live in Montana and have for 16 years. My husband's driver's license recently expired so today he went down to the DMV to renew it. They scanned his records and told him he had an outstanding citation from Utah and they would be unable to renew his license until that was taken care of. The outstanding citation was from a DUI 27 years ago that occurred in Wyoming while he was holding a Utah driver's license. He was fined and had addressed the DUI in Wyoming at the time. It seems that these records are only now accessible in Montana; he had been driving on a valid Montana driver's license since we moved here.
My questions are:
What is the statute of limitations on a first time DUI? and
Can an incident that happened in one state be prosecuted in another? and
What sort of penalty might we be looking at?
He honestly felt he had dealt with it 27 years ago and this just came out of nowhere.
  #2  
Old 12-09-2005, 03:10 PM
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Join Date: May 2003
Location: Austin, Texas
Posts: 853
Quote:
Originally Posted by cgantt
What is the name of your state? Utah


We currently live in Montana and have for 16 years. My husband's driver's license recently expired so today he went down to the DMV to renew it. They scanned his records and told him he had an outstanding citation from Utah and they would be unable to renew his license until that was taken care of. The outstanding citation was from a DUI 27 years ago that occurred in Wyoming while he was holding a Utah driver's license. He was fined and had addressed the DUI in Wyoming at the time. It seems that these records are only now accessible in Montana; he had been driving on a valid Montana driver's license since we moved here.
My questions are:
What is the statute of limitations on a first time DUI? and
The statute of limitations varies from state to state, however it's normally one or two years. However, the SOL does not apply to warrants, or to people who are fugitives.

Quote:
Can an incident that happened in one state be prosecuted in another? and[
No. If he has a warrant out of Utah, he'll have to go there to take care if it.

Quote:
What sort of penalty might we be looking at?
The penalty varies from state to state. Normally people get probation for first DWIs.

Quote:
He honestly felt he had dealt with it 27 years ago and this just came out of nowhere.
He should consider getting an attorney in Utah to look into it for him. It's possible it's a mistake. It's also possble he thought he took care it, but did not.
  #3  
Old 12-09-2005, 03:16 PM
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Join Date: Nov 2005
Location: Murfreesboro,Tennessee
Posts: 62
Quote:
Originally Posted by Kane
The statute of limitations varies from state to state, however it's normally one or two years. However, the SOL does not apply to warrants, or to people who are fugitives.



No. If he has a warrant out of Utah, he'll have to go there to take care if it.



The penalty varies from state to state. Normally people get probation for first DWIs.



He should consider getting an attorney in Utah to look into it for him. It's possible it's a mistake. It's also possble he thought he took care it, but did not.
Also some states are implimenting laws where a DUI is a DUI period.
I would imagine though. 27 years is a long time. A good lawyer maybe can get it dropped out. Or possibly a reckless op.

But Utah being Utah. They dont take to DUI's to well.
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