Statute of Limitations for DWI in New York - Jason Bassett
Episode notes
From Law Offices of Jason Bassett, P.C. - Statute of Limitations for DWI in New York explores how filing deadlines apply to misdemeanor DWI, felony DWI, and Aggravated DWI charges across New York. The article explains that misdemeanor Driving While Intoxicated charges under VTL § 1192 generally carry a 2-year statute of limitations, while felony DWI, felony Aggravated DWI, Class E felony DWI, Class D repeat felony DWI, and child passenger Aggravated DWI charges may carry a 5-year window under New York Criminal Procedure Law § 30.10.
The podcast covers why the statute of limitations clock usually begins on the alleged offense date, not the arrest date, arraignment date, or indictment date. It also discusses how prosecutors must formally begin a case by filing an accusatory instrument, such as an information, misdemeanor complaint, simplified traffic information, felony complaint, or indictment, and why the difference between the offense date and the formal charging date can become critical in a DWI defense.
Listeners will also hear how tolling rules under CPL § 30.10(4) can pause or extend the filing deadline when a defendant is continuously outside New York, when a defendant’s whereabouts are continuously unknown and unascertainable through reasonable diligence, or when a timely prosecution is dismissed under circumstances that allow refiling. The episode also explains how New York’s 10-year look-back period can elevate a repeat DWI from a misdemeanor to a felony, changing the statute of limitations from two years to five years.
Featuring insights from Suffolk County DWI defense attorney Jason Bassett, Esq., of the Law Offices of Jason Bassett, P.C., this episode highlights DWI and Aggravated DWI defense issues in Suffolk County, Nassau County, Long Island, Central Islip, Queens County, and New York courts. Jason Bassett, a former Assistant District Attorney, former Special Assistant Attorney General for New York’s Medicaid Fraud Control Unit, and member of the National College for DUI Defense, discusses why drivers should carefully review filing dates, charge classifications, prior convictions, tolling issues, and possible motions to dismiss when facing DWI, Aggravated DWI, high-BAC Aggravated DWI, or Leandra’s Law child passenger DWI allegations.
Law Offices of Jason Bassett, P.C.
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