Statute of Limitations

You may be familiar with the term “statute of limitations.”  The statute of limitations sets forth the period of time, after certain events occur, that legal proceedings based on those events must be started.  If someone hits you with their car, you have a certain amount of time to either work it out with them, or file your lawsuit.  If you wait too long, your claim can be dismissed.  The same is true in criminal law.

In Mississippi, Section 99-1-5 of the Mississippi Code Annotated (Rev. 2001) states that most, but not all, crimes must be prosecuted within two years after the crime is alleged to have been committed.  DUI falls into this group.  A misdemeanor charge of DUI must be commenced within two years of the date of offense, or the charges can be dismissed outright.

As with most laws, there are exceptions that could apply depending on the facts of your case.  If you were charged with a DUI, and some time has passed, you should discuss this fact with a lawyer to see if the statute of limitations may be a possible defense.

See Part 4 of How to beat a DUI in Mississippi.

If you or a family member have been arrested for DUI in Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.