County, when a person is arrested for DUI/DUI drugs, the driver is typically taken to
the Orange County jail, booked, and released. For most first offense DUI
arrests where there was no accident and no injury, the driver is released
without bail and on the driver’s written promise to appear. The citation issued
by the police officer, deputy sheriff or highway patrol officer will contain
the name and address of the court where the driver, or the driver’s Orange County DUI Lawyer, must appear as well as the date and time when they
must appear.
Penal code section
853.6 requires that when a person who is arrested for DUI is released on a
promise to appear, the District Attorney must file a “Complaint” in the court
within 25 days or the case will be dismissed. A Complaint is the official document
prepared by the DA that lists the laws that the DA alleges the defendant
violated. The Complaint is the document that begins court proceedings in the case.
At the first court appearance, called the arraignment, the court reads the
Complaint to the defendant or their Anaheim DUI lawyer. The defendant, or their
DUI attorney, will then enter a plea and set future court dates, usually for a
pretrial conference.
853.6 requires that when a person who is arrested for DUI is released on a
promise to appear, the District Attorney must file a “Complaint” in the court
within 25 days or the case will be dismissed. A Complaint is the official document
prepared by the DA that lists the laws that the DA alleges the defendant
violated. The Complaint is the document that begins court proceedings in the case.
At the first court appearance, called the arraignment, the court reads the
Complaint to the defendant or their Anaheim DUI lawyer. The defendant, or their
DUI attorney, will then enter a plea and set future court dates, usually for a
pretrial conference.
Although
Penal code section 853.6 requires the complaint to be filed within 25 days of a
cite-and-release DUI arrest, it is typical in the Orange County courts,
especially the West Justice Center and the Harbor Justice Center, that the Complaint
is not filed for several months after a cite-and-release DUI arrest. In fact, I’ve
handled cases where no DUI complaint was not filed until nine months after the
DUI arrest. This delay is universally experienced by dui lawyers in Orange
County.
Penal code section 853.6 requires the complaint to be filed within 25 days of a
cite-and-release DUI arrest, it is typical in the Orange County courts,
especially the West Justice Center and the Harbor Justice Center, that the Complaint
is not filed for several months after a cite-and-release DUI arrest. In fact, I’ve
handled cases where no DUI complaint was not filed until nine months after the
DUI arrest. This delay is universally experienced by dui lawyers in Orange
County.
So how can the
DA get away with this long delay when filing a Complaint in a DUI case? Well,
after several Irvine DUI lawyers challenged the delayed filing of a Complaint
in a cite-and-release DUI case, the California Court of Appeal addressed the issue.
The Appellate court looked closely at the statute and found that the original
version of the cite-and-released provisions of section 853.6 did not contain
the 25-day rule. This original version was adopted into the Vehicle Code by the
legislature in 1970. The subsequent amendments to Penal Code section 853.6
which contained the 25-day rule were never adopted into the Vehicle Code and
therefore don’t apply to vehicle code violations such as DUI, DUI drugs, and
DUI with injury.
DA get away with this long delay when filing a Complaint in a DUI case? Well,
after several Irvine DUI lawyers challenged the delayed filing of a Complaint
in a cite-and-release DUI case, the California Court of Appeal addressed the issue.
The Appellate court looked closely at the statute and found that the original
version of the cite-and-released provisions of section 853.6 did not contain
the 25-day rule. This original version was adopted into the Vehicle Code by the
legislature in 1970. The subsequent amendments to Penal Code section 853.6
which contained the 25-day rule were never adopted into the Vehicle Code and
therefore don’t apply to vehicle code violations such as DUI, DUI drugs, and
DUI with injury.
However, the
court said that the original language of the cite-and-release statute did
require that the Complaint be filed “as soon as practicable”. But this is very
broad and it is hard to determine what constitutes “as soon as practicable”. In
fact, a Newport Beach DUI attorney presently has filed a case dealing with this
issue and more guidance should be handed down soon on what “as soon as
practicable” means.
court said that the original language of the cite-and-release statute did
require that the Complaint be filed “as soon as practicable”. But this is very
broad and it is hard to determine what constitutes “as soon as practicable”. In
fact, a Newport Beach DUI attorney presently has filed a case dealing with this
issue and more guidance should be handed down soon on what “as soon as
practicable” means.
If you have
questions about a DUI arrest, call The Law Offices of EJ Stopyro at (949)
559-5500 for a free and confidential consultation with an experienced Orange County DUI Attorney. You can visit us online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.
questions about a DUI arrest, call The Law Offices of EJ Stopyro at (949)
559-5500 for a free and confidential consultation with an experienced Orange County DUI Attorney. You can visit us online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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