CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Speedy Trial (Serna) Motions

California Statute of Limitations for DUI Charges: What You Need to Know

If you face DUI charges in California, you have the right to a quick and efficient trial. However, the state prosecutor has a limited time to bring the charges against you, and any delay could lead to the dismissal of the case against you. In this article, we will explore the California statute of limitations for DUI cases, how it may apply to your case, and how a Los Angeles DUI attorney can help.

Understanding the Statute of Limitations

In California, the statute of limitations refers to the specific time frame within which law enforcement can bring criminal charges against an individual. The purpose of the statute of limitations is to ensure that charges are brought in a timely manner, and not after a prolonged period has passed. The time limit for the statute of limitations varies depending on the type of crime committed. For DUI cases, law enforcement has up to one year from the date of the offense to file charges against the accused.

Exceptions to the Statute of Limitations

While the statute of limitations provides a defense against DUI charges, there are exceptions where it may not apply. For instance, if an individual fails to appear in court after the state files charges against them, the statute of limitations will not apply. Similarly, the statute of limitations will not apply if the prosecutor files charges within the required timeframe, regardless of whether the accused knows about the charges or not.

The Right to a Speedy Trial

Once the state files charges, the accused individual has the right to a timely trial. This means that the prosecutor must bring the case to trial within a reasonable time, or risk violating the defendant’s constitutional right to a speedy trial. Failure to adhere to this requirement could result in the dismissal of charges against the defendant.

Serna Motions

If you believe that the prosecutor has violated your right to a speedy trial, you can file a Serna motion. Also known as a motion to dismiss, a Serna motion is a request for the court to dismiss the case based on a violation of your constitutional right. The court will consider several factors in determining whether the prosecutor violated your right, including:

• The length of the delay
• The reason for the delay
• Whether you contributed to the delay
• Whether you made efforts to address the charges

If the court agrees that there was a violation of your right to a speedy trial, the charges against you may be dismissed entirely.

How a DUI Attorney Can Help

A DUI attorney can help you in several ways if you’re facing a DUI charge in California. They can help you understand the statute of limitations and how it applies to your case. Your attorney can also identify any potential violations of your constitutional right to a speedy trial and file a Serna motion on your behalf. Additionally, they can help build a strong defense, negotiate plea bargains, and explore alternative sentencing options.

Table: California Statute of Limitations for DUI Cases

Type of Crime Statute of Limitations
DUI 1 year
Hit and Run with property damage 3 years
Hit and Run with personal injury or death 4 years
Felony DUI 3 years

Table: Factors Considered in Serna Motions

Factor Description
Length of delay The amount of time that passed between arrest and the trial
Reason for delay The reason behind the delay
Defendant’s assertion of their right to a speedy trial How and when the defendant asked for a trial
Prejudice to the defendant The harm or disadvantage the delay caused the defendant
Any defenses, evidence, or memories lost due to the delay