How long is the statute of limitation to be tried for a 2nd DWI in the state of Texas?
Question Details: I was arrested for 2nd DWI on 9/20/07. I keep going to court ,but i keep getting a continuance. I appear back in court 9/10/09. If I get another contiuance-it will be two years since my arrest. I have not gone before the judge at all. Is there a chance that my case could be dismissed,due to this lengthy time period?
DUI / DWI Law Answers
This isn't a statute of limitations question; statutes of limitation set deadlines for when cases can be started, not for when they have to be finished.
You have a right to a speedy trial, under the U.S. Constitution, but in most states, the time limit for that starts only when you ask for the speedy trial in writing. However, the delay can make it harder for the prosecution to convict you. Either way, a lawyer will be able to help you find the best way to use this delay for your advantage.
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