DUI in CA

13 months ago I was pulled over for driving under the influence.  I was supposed to appear in court about a month later for my arraignment.  When I went to court I was told the files must not have been processed yet because they don't have anything for my case.  I was told to call the court every two weeks to check and see when my court date would be.  It's been over a year now, I've called every two weeks, and still the court has nothing and I haven't had any arraignment or court date set.  Isn't there some type of statute of limitation that requires I have my arraignment within a year?

I would encourage you to physically go down to the courthouse and verify the information yourself rather than check over the phone.  You can never be sure the clerk has even typed your name properly into the computer.  With that said, the statute of limitations on a misdemeanor DUI in CA is one year.  If, in fact, no case was filed, it's too late now.

Just keep checking.  Statute of limitations would be a defense in case it ever comes up again.  You can't get a dismissal on a case the court doesn't know about.

I represent a girl on a DUI who bonded out and made her appearance before the clerk to enter her not guilty plea and get court dates.  The clerk's office entered the NG plea but put the court dates in a different case.  Her case is just sitting there in limbo, without court dates.  MAYBE they'll find it someday, but if we raise the issue, they WILL find it and the government will do whatever it can to prosecute it.