The Statute of Limitations: What Is It and Why Does it Matter?
When someone allegedly commits a crime, prosecutors only have a limited time to file charges against him or her. After that time period expires, the ability to prosecute the crime ends.
Different crimes have different statutes of limitations. The limitations periods vary by state and by specific type of crime. In some cases, there may be “enhancement” or “tolling” laws that either increase the statute of limitations or stop the time period from running.
Why Do the Laws Include Statutes of Limitations?
Without statutes of limitations, anyone could be prosecuted for even a minor crime that took place many years beforehand. At a certain point, the laws say that people can no longer be charged and convicted – even if they still undisputedly committed a crime. In addition, evidence and witness testimony naturally grow stale over time. Witnesses may disappear or pass away, and evidence may become unavailable.
What Are Some Typical Statutes of Limitations?
In Oklahoma, the statute of limitations for driving under the influence is three years – misdemeanor or felony. See 22 O.S. § 151, et seq. This means that prosecutors have three years from the date of a drunk driving arrest to press charges in court. In the meantime, the accused driver probably has a suspended license but may be free to live his or her life. As a result, late-filed charges could come as a shock.
How Is a Statute of Limitations Tolled?
In Oklahoma, criminal statutes of limitations are tolled while the accused people are absent from the state or not residents of the state. When they return to Oklahoma, the statute continues running. This tolling provision is in place because Oklahoma prosecutors would have difficulty finding and charging someone who is not in the state.
What Happens If a Statute of Limitations Has Almost Expired?
If the statute of limitations on your DUI or drug case has almost expired and you have not been formally charged in court (even if you were arrested), you could face (1) charges at the very last minute or (2) no charges at all. It is hard to know which, so you may want to speak with a lawyer to confirm that the limitations period is expiring and learn about your rights.
If you need representation in an Oklahoma court for a DUI charge, seek out the attorney who teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, may be able to challenge gas chromatography testing for you. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.