Do we just wait and see if my son will be charged with a DUI? 9 Answers as of February 24, 2012

My 17 year old son was pulled over in January 2011 for DUI. To date, June 2011, no charges have been filed and nothing has been reported to the DMV. Is it possible that nothing will come of it?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes, you wait quietly. But, you should check with the court criminal clerks office to verify there are no charges filed. You may have missed the DA letter and could have an arrest warrant outstanding.
Answer Applies to: California
Replied: 7/1/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
It is possible, but not likely. Often times, the District Attorney's Office is backed up with cases so it takes a while to file charges. You should speak to an attorney even before your son gets charged with a crime. This is called the pre-accusation stage. The DA's Office will likely send a letter to your son in the mail that requires him to appear at a Court date. It's also a good idea to hire a lawyer right away so that they can keep an eye on the filing of charges and the statute of limitations for misdemeanor filings.
Answer Applies to: California
Replied: 7/1/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
It is possible but you dont provide enough information to know. Your son being a minor means the standards are lower and the case would be handles by juvenile court.
Answer Applies to: California
Replied: 7/1/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
That is possible. You may want to check with the court that the charges would be filed, just to make sure nothing has in fact been filed. Sometimes the Court will mail a notice of an arraignment date, and if you don't show up for the Court date, the court will potentially issue a bench warrant even if the letter never got to you.
Answer Applies to: California
Replied: 7/1/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
In some counties the DA's office are very backed up with paperwork. Normally by now you would have received written notification from the juvenile court in your county advising you of the court date. However, as time goes by the chances drop that they will file charges. As to the DMV, when your son was arrested he should have received a pink paper and his license should have been taken by the police. If that did not happen then that is another "lucky break". Keep your fingers crossed.
Answer Applies to: California
Replied: 7/1/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Legally, they have up to one year to file, but if they havent file within 3-4 months, its highly unlikely that they will file.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Unlikely and the DMV may have already suspended him without his knowledge. If he was over .01 ore more it is likely that he is already suspended unless you had a DMV hearing and you won.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, it is possible. At this point just wait. After a year prejudice is presumed and it becomes harder for charges to be filed.
    Answer Applies to: California
    Replied: 7/1/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    It's possible but there is a one year statute for filing a misdemeanor matter. A six month wait is not unusual.
    Answer Applies to: California
    Replied: 7/1/2011
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