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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default DUI Being Reduced To Reckless Driving

    I was arrested for DUI in Tennessee in Feburary. I went to court in April, and have yet not been fined nor payed any court cost. I kept my license with no restrictions and no SR22 filing. The plea deal that was given was....drive for 12 months without any mishaps or DUI and we will reduce your DUI to reckless driving. I am scheduled to return to court in April of 2008. I was arrested in Feburary of 2007. My question is this....does this or does this not violate the statue of limitations law for this misdeamnor? I was told it does since the prosecutor has failed to charge me with anything although I was arrested for DUI. It will be past a year however once the prosecutor tells me what my charge is...either DUI or Reckless driving. Is this normal and would I have a case to have it dismissed altogether in April due to the Statue of limitations? Really more curious than anything. Thanks for any help.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: DUI Being Reduced To Reckless Driving

    You believe that that the state failed to commence prosecution within the one year time limit?

    Yet you state, "The plea deal that was given was....drive for 12 months without any mishaps or DUI and we will reduce your DUI to reckless driving."

    Sounds like you had your day in court and are being given a deal as long as you meet the requirements.

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: DUI Being Reduced To Reckless Driving

    Thanks...that is what I wasn't sure of how the statue of limitations worked. I gather as long as you have had a hearing within a year, whether the charge was made then or not, then they have commenced prosecution. Started the ball in motion so to speak. Thanks

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