DUI Motion To Suppress Granted, Reckless Driving Charged Dismissed As Filed Outside Statue of Limitations

Client was initially charged with a DUI. After a motion to suppress was filed and granted, the State amended the information and charged my client with one count of reckless driving. In doing so, the State made a fatal error because the reckless driving charge was filed outside the statute of limitations period in Florida Statute 775.15 (2)(c).

Based on the foregoing events I filed a motion to dismiss and a hearing was set. At the hearing on the motion to dismiss I argued that under Florida law the statute of limitations begins to run the day after the offense is alleged to have been committed. And if  the State fails to commence a prosecution within the applicable time frame set forth in Fla. Stat. 775.15, the prosecution of the charge is barred.

After taking notice of the date of the State alleged the reckless driving occurred within the charging document, and the date the amended information was filed, the court determined that the prosecution for the reckless driving charge was filed outside the 2-year statute of limitations period. The State agreed that the reckless driving charge was filed outside the statute of limitations period. As such, the court  granted my clients motion to dismiss.

To read the order dismissing the case, click here.