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5 y old NY DWI case that got lost in system, just now came back up

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DeadPhan

Junior Member
So, 5 years ago i got a dwi in upstate Hunter County New York. I initialy tried to take care of it. After the first time i went, they sent me back with a new court date. The next court date i couldnt make due to a realy bad storm that caused flooding and they rescheduled it. When i went to take care of it eventualy, they stated it wasnt on file. I had since had a license, with no red flags, and also, had been arrested since then and nothing came up. All of a sudden a week or so ago my parents recieved a phone call saying from state troopers looking for me. They stated the case got lost in the system. My question is, do i have a case here as far as the fact that they messed up and now want to prosecute me so long after? Cant that be grounds for a dismissal??? Also, if thats not the case, am i looking at full prosectution? Being that the laws for DWI have changed since 5 years ago, would i be subject to the current laws? or the laws that applied 5 years ago. I had a friend who studies a little law that said, i quite possibly might just be looking at a fine in regards to the whole package deal usualy associated with a dwi. This couldnt of come at a worse time. I recently acquired a new vehicle and have potential job oppurtunities on the horizon. I wish this would of all gotten taken care of years ago and feel this is not fair that now i might be looking at losing my license and having to go through probation, possibly an interlock? Any info greatly appreciated. Thanks!
 


FlyingRon

Senior Member
The fact the laws have changed are entirely immaterial to you. The law in effect at the time the crime was committed is what will be enforced.

You may have an argument for the state failing to pursue a timely prosecution, but you'd best have a lawyer to make that argument.
 

BL

Senior Member
If I recall there is a time limit on prosecution.The DA's Office in my county were letting cases sit too long .That's changed now.
 

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