Asked 3/22/2016 – Plano, TX

Got a ticket on 35 between San Antonio and Austin for failure to signal lane change on March 10th of 2013. I requested a court date because I suddenly changed lanes to avoid a possible accident and did not have time to signal in this situation. The court date has been set and reset for over 2 years now. Sometimes it was at my request because I am a student and could not leave school to be out of town for court, four times the judge moved it to accommodate their schedule, and once because the officer could not be there. I have not been issued a warrant, because I have followed all of the rules of the court the entire time. We are set for bench trial next month, and I would like to try to dismiss it on the grounds the statute of limitations has run out so I don’t have to drive 3 hours to go to court.

Answer

If the charging instrument (the complaint) was filed with the court within 2 years from the date of the alleged offense, the statute of limitations is tolled and does not apply in your case. Contact a local attorney in San Antonio for assistance.