What is the laws statute of limitations for DUI? 2 Answers as of August 03, 2011

I received a DUI in '06, no conviction & no license suspension. I had an Attorney. In 2010 I received a citation for DUI for prescription medication. 3 months after the citation the DA threw a reckless on as well. I got an Attorney, it was to go to trial with jury but before that happened we appeared before the judge & won the right to suppress. It was appealed by the DA, since went to appellate court I haven't heard anything in almost a year. What is the statute of limitations? Can this just be thrown out now?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
There is no statute of limitations on a case once it has been appealed. The Oregon Court of Appeals is very busy and their priority are cases where a criminal defendant is in custody serving a sentence. If you have not heard anything regarding the appeal, contact your attorney. They will be able to determine where the case is in the appeal process. A statute of limitations only applies to criminal activity that has occurred but has not yet been charged.
Answer Applies to: Oregon
Replied: 8/3/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
The statute of limitations describes how long the state has to actually bring the charge against you. The appeals process generally doesn't count towards that, since appeals tend to be very slow. The case will not get thrown out due to timeliness. The appellate court will either affirm the suppression ruling (meaning you win) or overrule the lower court (meaning you have to go back to trial).
Answer Applies to: Oregon
Replied: 8/2/2011
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