Legal advice

[ryan89crx]

ok, well about 1.5 to 2 months ago, im not really sure, my brother was riding along with one of his friends when they were pulled over and both given breathalizers. the driver was given a DUI and my brother wasnt given anything, even though he said he blew a .15 or some outrageous number. told him to go home (they got pulled over pulling into their driveway, so he just had to walk to the house). they never told him anything about being in trouble or getting an M.I.P. because he was under 21, nothing to even imply that there were any consequenses(sp). so today, hes sitting at his house when a sheriff pulls up. goes to the door, asks for him and hands him an M.I.P. mind you, this is around 2 months after the fact.

What i need to know, is this legal? can they give you a ticket without telling you, and also do it well after the fact? this strikes me as a little fishy, i figured that they would at least have to do something sooner than this, i dont know. BTW we live in Washignton State

[Rexinre]

You would have to find out what the statue of limitations are on each charge for your state.

[mikeD16Z6]

Like rex said find out how long the statute is on that charge, but I dont think 2 months is long enough.

That does seem weird though... Why the hell wait so long?
If your brother was not driving at the time there was no need for him to take the test.
Smells like BS to me.

Let him have his day in court.
Or better yet, try to plea it down.

[ryan89crx]

last i heard, in Washington, the police arent even supposed to talk to the passengers. I dont know, hes going to be calling his lawyer either tomorrow or monday to see what he says. i was just interested in whether anyone had any experience with anything like this.

[mikeD16Z6]

My friend got a DWI just a few weeks ago. For him it's really not good because he already has a few of them under his belt. So he has to go through lawyers and it's going to cost him $$$.

The worst part about it was before the cop even came, he pulled over on the side of the road, with the car turned off. Turns out, if the key is in the ignition, then you are considered "driving". Thats the law, in Mass anyhow.

[Import Al]

I'm no lawyer, but your bro should tell these cops the charges are "ex post facto" or WAY after the fact. If it was an important crime, real peace officers would have charged him that night. Don't let them pull any unlawful procedures on him, similar shit happened to me & a guy I know.