If the cop that arrested me has yet to file paperwork necessary for court, is there a statute of limitations for the officer to file the necessary paperwork?

I went to court and my case got dismissed without prejudice. It’s been 6 weeks since my arrest. Can I get my case thrown out and off my record?

Asked on January 7, 2015 under Criminal Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is a statute of limitations, but in your state, it appears to be two (2) years for DUI or DWI. That means that the six (6) weeks since your arrest is such a small fraction of the time within which charges could be filed--i.e. anytime within two (2) years--that you could not yet get the charges dismissed with prejudice on this basis.

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