Is there a statute of limitation for a DUI in North Carolina

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Latest post 07-31-2012 11:34 PM by ClydesMom. 7 replies.
  • 10-07-2010 2:11 AM

    • Jim02
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    Is there a statute of limitation for a DUI in North Carolina

    In Oct. 1994 I received a DUI while residing in NC during my military service. I had obtained an attorney, the charge was reduced to reckless operation, and the military had required me to have an alcohol abuse assessment done, which I did and was declared an isolated incident. I moved to Ohio in 1998 when I got out of the military, obtained an Ohio drivers license and in 2002 I obtained a CDL as well, of which have been renewed every 4 yrs as required. Until now, I went to renew this Oct. Ohio DMV said something in NC flagged and gave me the number for NC DMV. NC DMV states I owe them $100 for the 1994 DUI and I need to contact the court of where the DUI was to see if there were any fees there as well as contact a NC  Assessor to see if I have a "drinking problem" which would probably require a weekend in a drug and alcohol program. I explained the DUI was reduced to Reckless Operation, they said the court has it listed as a DUI. I contacted the attorney who handled this in 1994, he said they only keep records for 9 yrs. so he has no record of this. I am a truck driver and now cannot work until I get this mess cleared up. I am baffled as to how it has been 16 yrs, of which 6 of those yrs. past that DUI I spent living in NC, purchased and registered a vehicle in NC, have had several FBI checks for various jobs, nothing until now. Is there no statute of limitation in NC?  If anyone has any insight on this matter it is greatly appreciated.  I have not had a single traffic violation since that 1994 incident, of which I had learned a great lesson.

  • 10-07-2010 5:32 AM In reply to

    Re: Is there a statute of limitation for a DUI in North Carolina

    Jim02:
    NC DMV states I owe them $100 for the 1994 DUI and I need to contact the court of where the DUI was to see if there were any fees there as well as contact a NC  Assessor to see if I have a "drinking problem" which would probably require a weekend in a drug and alcohol program. 

    It' possible the solution may be as simple as just paying the $100.00.  The person you spoke with may (or may not) have given you the correct information as it pertains to your specific circumstances'.

    Another way you can check information the (NC) court has, is by searching your case at the county court house website.  Most likely, your case will show "opened" (or closed).

    After your public records' search, consider another NC lawyer to help you resolve this current situation.  You might find this link helpful:  http://criminal-law.freeadvice.com/drunk_driving/north-carolina-dui.htm

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-07-2010 2:25 PM In reply to

    Different things...

    A DUI gets confusing because the penalties flow two ways.

    If you blew over the limit or refused to blow, you likely received an administrative suspension from the DMV.  That's just regulation of your license.  You normally have to pay a reinstatement fee.  You may have to complete some class, depending on state law.

    The resolution of the criminal case has nothing to do with the administrative suspension.  That suspension is based only on the blow or refusal.

    Even if the attorney only keeps records for 9 years, the court system likely keeps them for longer.  The state DMV probably keeps them for longer also.

    A license suspension normally wouldn't have any "statute of limitations" governing it.  While you may have lived in NC and registered a car, the only event that would normally bring this to like is getting a new license or the DMV mailing a new notice.

  • 10-17-2010 2:37 AM In reply to

    • Jim02
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    Re: Different things...

    Thank you for your response, much appreciated. 

    However, I am still hanging in limbo on this situation. I have completed everything asked of me and yet NC is still asking for more.  I paid the fees, I contacted the courts, they have nothing on record and sent me an official letter stating that either the record was destroyed or was purged from their system. I met with an assessor in my county, and underwent a drug and alcohol test. The assessor stated that she sees absolutely no problem whatsoever and doesn't understand why NC is going to these extremes esp. with having such a clean driving record and having underwent an assessment in the Marine Corp when this occurred.  She filled out the paperwork that NC Assessor faxed to me to give her and sent it back to them.

    I am now being told by the NC DMV that the original fee, back when they sent me the letter about this in June 1995, was $50.  As of Sept. 2010 the fee went up to $100.  I asked if somehow we can work this out to where I can get my license so I can get back to work, I explained that  I am a truck driver and have not been able to work since Oct. 5, 2010.  I explained to them I was out of state with the Marine Corp when they sent the one and only letter, I did not receive it.  I was told No, they will not give me my license back until this is completely cleared up, and said they could not tell me how long this might take.

    They are now saying that the $100 I sent them was for the courts, of which I was told by the courts there were no fees. NC DMV begs to differ and that I need to send another $100 to them.

    My county assessor called them to see if she could expedite things for me and was told that NC assessor is requesting me to do 40 hours of alcohol tx. even though I underwent the assessment they requested which cost $95,  and she recommended  that there was no alcohol problem.  UNREAL!!!  So why did I have to go through this local assessor if the outcome wasn't going to matter ? I don't know what else to do....should I get an attorney at this point? I am about to lose my job over this, they don't know how much longer they can wait on me. Not to mention they can't believe any of this.

    I have requested documents from them regarding all of this and was told that the one and only letter that was sent to me in June 1995 was to old to fax and that it would have to be emailed to the DMV from whomever has it, and then she can send it on to me. She said she didn't know how long that would take cause I'm not the only case they have.

    I can't believe that something like this can just pull the rug out from under someone and destroy their lives.

  • 10-17-2010 4:44 AM In reply to

    Re: Different things...

    Jim02:
    should I get an attorney at this point? I am about to lose my job over this, they don't know how much longer they can wait on me. Not to mention they can't believe any of this.

    Yes, under the circumstances I do not see any other option to fix this.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 07-31-2012 11:23 PM In reply to

    • slolow89
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    Re: Different things...

    Did you ever get  an attorney....my husband got a dui in 1996 while at the nascar race..he thought it was done and over with because he had license suspension and stuff in Michigan, now many years later it came up and his current employer requires a license.  Thank god they didn't fire him but he needs to get this taken care of.  He spoke with a lawyer and she was determined he had to go to North Caroline.  Problem is we live in Indiana and cant afford the trip and such.  The lady in the clerks office said to hire an attorney but trying to find  one is not as easy as one thinks.  If you have any advice please send this way

     

  • 07-31-2012 11:34 PM In reply to

    Re: Different things...

    slolow89:
     He spoke with a lawyer and she was determined he had to go to North Caroline.

    He does if he wants this taken care of.  The statute of limitations tolls (stops) when the defendant leaves the jurisdiciton of the court.  It starts running again when the defendant returns.  So as long as he doesn't come back to NC to face this it will remain unresolved.

    slolow89:
    The lady in the clerks office said to hire an attorney but trying to find  one is not as easy as one thinks.  If you have any advice please send this way

    Use the "Find a Lawyer" feature on this site.  It can help you locate skilled DUI counsel in NC.

    In the future you should start  your own thread.  This one is two years old and it is highly likely the OP is no longer around. 

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

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