Most DUI arrests in California must be prosecuted within one year (for legal authority see California Penal Code section 802(a)) When police does not bring a misdemeanor DUI case to California Superior Court within one year, the statute of limitation will forever prevents the court from deciding your Los Angeles DUI.
But even when the police brings your Los Angeles drunk driving case to the prosecutor within one year and it gets filed within one year, the case can be dismissed if the police does not comply with constitutional rules. One such rules is a “right to a speedy trial”. When a person’s speedy trial rights are violated, he can get speedy trial rights dismissal of DUI Los Angeles charges.
Many cases that get filed on time, will go into a warrant status because the person arrested for a DUI, does not know that he or she have to go to court. This is a common problem for many Los Angeles DUI drivers who are not notified by the Los Angeles DUI prosecutors that criminal charges are filed against them. Often, months or years go by between the time the person is arrested and the time he learns of the charges.
A significant time delay between the arrest and the prosecution will prejudice the driver arrested for a DUI. Simply, because with time passage the memories will fade, a driver arrested for a DUI in Los Angeles might not be able to defend his Los Angeles DUI as effectively as before. Additionally, witnesses, who could have help you prove your innocence might no longer be able to come to court for your defense. For example, if a witness was with you at the time of drinking but then moved away and you can not find him, you will not be able to fight your case as good as you would if police brought the case to court right away. Speedy trial rights dismissal of DUI Los Angeles charges is one of the most effective ways to fight a criminal case. A litigation involves filing a written motion with explanation of the reasons you are unable to fight your case as good as you would if the government filed the case on time.
The law allows drivers to litigate a motion to dismiss criminal case for a violation of 6th amendment speedy trial rights. The legal name of the motion is based on a criminal case from 1970s where Joaquin Serna fought his case on similar grounds and ever since it is called a “Serna motion” <link to post from 8.26.15). A Serna motion for a DUI can to be filed in a pretrial or arraignment court and if won, will get you a dismissal of your DUI charges.
Los Angeles DUI attorney have experience fighting criminal cases through Serna motions and getting great deals when such motion is filed or a dismissals when Serna motion is successfully litigated. The examples where Serna motion can be used are numerous and include not only faded memory or unavailable witnesses but also evidence that became unavailable, such as vide tape from nearby businesses or police cars that are deleted or lost.
For your case specific Los Angeles DUI questions, call our office to talk directly to a drunk driving defense attorney. We will help defend your case providing quality representation at affordable price.