NCF - No Complaint Filed

[1smc]

California

I received a NCF for a DUI charge in court.

Does this mean the DA has up to a year to file a complaint with the courts?

Has anyone ever received a NCF for a DUI and not been charged?

Is there anything I can file with respect to Due Process?

Any guidance is greatly appriciated. I really do not want to wait for the DA to 'get around to it'.

[CdwJava]

They have up to one year to file in most instances.

Not much you can do to force the issue unless you are out on bail. And if you are out on bail for some reason, then your attorney might be able to get bail exhonerated until a complaint IS filed.

- Carl

[1smc]

I was jailed for 6 hours in the 'drunk tank'. They let me go on what I presume is a signiture bond or promise to appear in court.

I just thought this would be an easy case for the DA's office. I fully expected to be sentenced at my first hearing (pleading guilty if judge agrees to convert jail to community service). Every other person I know that has been to court for a DUI was sentenced on their first appearence.

I was drunk, was pulled over and now it's time to face the consiquences. I just did not plan on having to wait for the system.

[CdwJava]

Originally Posted by 1smc

I was jailed for 6 hours in the 'drunk tank'. They let me go on what I presume is a signiture bond or promise to appear in court.

You were released on a 'promise to appear' in court.

I just thought this would be an easy case for the DA's office.

They cannot file until they get the report and the results of any chemical testing. if you asked for blood for the chemical test, it may be a while down the road.

I fully expected to be sentenced at my first hearing (pleading guilty if judge agrees to convert jail to community service). Every other person I know that has been to court for a DUI was sentenced on their first appearence.

Odd. That's an arraignment. They don't generally sentence there unless somsone has a plea deal all ready when they walk in the door.

I was drunk, was pulled over and now it's time to face the consiquences. I just did not plan on having to wait for the system.

It's refreshing to hear someone take such responsibility for their actions. I commend your honesty. Hopefully you will learn from this event and it will be a one-time only affair.

- carl

[1smc]

Thanks for the information. I was hoping to get the whole thing started. Mostly I wanted to start the DUI classes sentenced by the courts. From what I have read I can get a restricted license after a 30 hard suspention. This requires the SR-22 insurance form and proof of enrollment at a DUI school. Now if I have started this and possibly completed the class before a complaint is filed I will have to do it all over again if sentenced by the courts! Maybe I should just do the 4 month hard suspention.

Oh well I deserve it.

Thanks