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  #1  
Old 11-05-2009, 08:58 AM
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DUI Statute of limitations


What is the name of your state (only U.S. law)? Michigan


I recieved a DUI in Mi. in 2003. It was my 2nd offense, the 1st was in 2000 or 2001. Before this happened plans were already in line for me to move to another state. I explained this to the court and they were basically "tough", when asked if I could complete probation there, they were quick to respond not anytime soon would I be allowed to. So I proceeded with plans to leave the state.

Since then I have been in another state, recieved my drivers license and been driving for 5 years now. How long will the statute allow prosecution for the offense? I did the breathalizer and all, but still show as suspended with a failure to appear warrant.
  #2  
Old 11-05-2009, 09:58 AM
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If you have a FTA warrant out, prosecution would appear to have commenced and there is NO statute of limitations. Furhter, the statute of limitations is put on hold when you are out of state. You don't get any benefit for being a fugitive.

Probation transfers could have been arranged but as they said, it involves very slow bureaucratic shuffle from both the sending and receiving probation offices.

It's just matter of time before you find it impossible to get licensed everywhere. The computers and the impetus to actually interconnect them are getting stronger every day.

You'll find that FTA warrant may reach up and bite you at the most inopportune moment as well. I would seriously recommend you obtain the services of a lawyer back in Michigan to figure out how to resolve this.

By absconding you've probably used up whatever leniency a second offense drunk driver might have ever received.
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  #3  
Old 11-05-2009, 08:14 PM
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You are misunderstanding what a statute of limitations is.

Once prosecution has commenced (which yours apparently did) the statute of limitations has no meaning - it doesn't apply. This will be with you until you die unless you take care of it.
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