Criminal Procedure - How long do the police have to prosecute me for drunk
driving?
Question
What is the amount of time that a person taken in for alleged drunk driving
have to arraigned? If the incident happened in August, 2001 and nothing
has been done what course of action should be taken? We have contacted
the officer and he has been relocated to a new post 5 hours away and does
not care (he said). Meanwhile my photo license is being held up by
the Secretary of State system. What do I do now? What is the
time limit if there is one for this to be dropped?
Answer
The law provides that a person is to be arraigned within 14 days but provides
no sanction for a failure to do this. The temporary license is good until
the prosecution is complete if the case is being prosecuted or for 90 days
if the case is not prosecuted. The law requires the prosecutor to notify
the Secretary of State if the case is not prosecuted and requires the arresting
agency to notify the Secretary of State if the case is not referred to
the prosecutor for prosecution. See MCL 257.625g
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Last Updated: 3-24-03
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov