i was charged with a dwi in 2004 and still have not gone to court. can the state of north carolina still charge me with this after five years?

UPDATED: May 9, 2009

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i was charged with a dwi in 2004 and still have not gone to court. can the state of north carolina still charge me with this after five years?

i went to court three times. every time i went it was always my first appearance. my fourth time going, my name wasnt even on the roll call. i waited around and asked the d.a. about it and she couldnt tell me anything. soo i have been without a license since then. what can i do about this now?

Asked on May 9, 2009 under Criminal Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You already have been charged which is why you were called to court in the first place.  Time would only matter if the charge had not been made the and was just being brought now.  The fact that it has been 5 years doesn't mean that it just goes away.

You need to follow up on this.  It sounds as though your paperwork was lost or otherwise misplaced.  This may or may not be a good thing for you.  Conceivably you can walk away from this or, on the other hand,  possibly a warrant has been issued.  In any event an attorney in the area where all of this happened can be of great assistance here.  He can use his contacts to work the system better and more discreetly than you. 

One thing is for sure, you need to clear this all up.  It could come back to haunt you.

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