Criminal Prosecution Does Toll the SOL: You Can Teach an Old Dog New Tricks

In the world of personal injury law, especially when it comes to DUI-related accidents in Georgia, timing is everything. The statute of limitations (SOL) sets a strict deadline for filing a lawsuit—typically two years for personal injury claims under OCGA § 9-3-33. Miss that window, and your chance for justice and compensation could vanish. But here’s a game-changer that many overlook: criminal prosecution can toll—or pause—that SOL clock. As the saying goes, you can teach an old dog new tricks, and this legal nuance proves it.

At George Creal, Jr. P.C., we’ve been fighting for victims of DUI injuries for over 25 years. Our firm, based in Atlanta, specializes in holding negligent drivers accountable. If you’ve been hurt in a DUI crash, understanding how Georgia law tolls the SOL during criminal proceedings could be the key to preserving your rights. Let’s break it down, drawing from Georgia Code § 9-3-99 and the landmark case of Parker v. Beneke.

What Does Georgia Law Say About Tolling the Statute of Limitations?

Georgia’s civil practice code provides a powerful tool for victims of crimes that lead to tort actions. Specifically, OCGA § 9-3-99 states:

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1.

In plain English, if your injury stems from an act that’s also a crime (like a DUI), the SOL for your civil lawsuit doesn’t start ticking until the criminal case wraps up—whether that’s a conviction, dismissal, or other resolution. This tolling period can’t exceed six years, but it gives victims crucial extra time to focus on recovery without rushing into court.

This law was enacted in 2005 and amended in 2015 to ensure fairness for crime victims. It’s particularly relevant in DUI injury cases, where the at-fault driver often faces criminal charges under Georgia’s strict DUI laws (OCGA § 40-6-391). If the driver is prosecuted for DUI, vehicular homicide, or even related traffic violations, your civil claim’s deadline gets extended.

The Parker v. Beneke Case: A Turning Point for Traffic Violations

The Georgia Supreme Court’s 2009 decision in Parker v. Beneke (S08G2082) clarified just how broadly this tolling applies—and it’s broader than you might think. In that case, Patricia Parker was injured in a rear-end collision caused by Alan Beneke, who was cited for following too closely (OCGA § 40-6-49). That’s a misdemeanor under Georgia’s Uniform Rules of the Road (OCGA § 40-6-1(a)).

Beneke argued the two-year SOL had expired when Parker filed suit on May 11, 2007—over two years after the April 27, 2005 accident. But the court disagreed, ruling that the SOL was tolled until Beneke resolved his traffic citation by posting a cash bond on May 19, 2005.

The key insight? The court held that a “crime” under OCGA § 9-3-99 doesn’t require criminal intent or negligence as defined in OCGA § 16-2-1(a). Instead, any misdemeanor violation—like a traffic offense—qualifies as a “crime” for tolling purposes. The justices emphasized sticking to the plain language of the statute, noting that limiting it to felonies or intent-based crimes would ignore the legislature’s intent.

As Chief Justice Hunstein wrote:

To impose a more stringent definition of “crime” within the context of the statute would render superfluous its language that the statute of limitation is tolled from the date of the alleged crime “or the act giving rise to such action in tort” until the prosecution or other termination of such crime “or act.”

The Court of Appeals had initially suggested a jury decide if Beneke’s actions met the stricter crime definition, but the Supreme Court reversed that, affirming no such factual finding is needed. This ruling has “significant impact” on vehicle accident cases, as the court acknowledged, tolling the SOL whenever a traffic citation is issued.

Why This Matters for DUI Injury Victims in Georgia

DUI crashes often involve both criminal and civil angles. If the driver is charged with DUI, hit-and-run, or even lesser offenses like reckless driving, OCGA § 9-3-99 buys you time. This is huge because:

• Criminal cases take time: Investigations, plea deals, or trials can drag on, giving you space to heal and build a strong civil case.
• Even minor violations count: As Parker shows, a simple traffic ticket can toll the SOL—no need to prove intent.
• Caps at six years: You can’t wait forever, but this extension prevents rushed filings that might undervalue your claim.

Imagine you’re injured in a DUI wreck. The driver gets arrested, but their criminal case lingers. Without tolling, you might scramble to sue within two years. With it, you can wait until the dust settles, potentially strengthening your case with evidence from the criminal proceedings.

However, tolling isn’t automatic—you must prove the tort claim arises from the same facts as the crime. And exceptions apply, like for child sexual abuse cases under OCGA § 9-3-33.1.

Lessons Learned: You Can Teach an Old Dog New Tricks

This law and case remind us that Georgia’s legal system evolves to protect victims. What seemed like a straightforward two-year limit now has flexibility when crimes are involved. It’s a “new trick” for an old system, ensuring justice isn’t denied due to procedural hurdles.

If you’ve been in a DUI accident, don’t assume the clock is ticking against you. Consult an experienced attorney to evaluate if tolling applies.

Contact George Creal Today for Your Free Consultation

At www.georgialawyer.com, George Creal and his team have secured millions for injury victims across Georgia. We’re trial-tested, client-focused, and ready to fight for you. Whether it’s negotiating settlements or litigating in court, we’ll maximize your recovery.

Call us at (770) 961-5511 or visit our site to schedule a free case review. Remember, in Georgia DUI injury cases, knowledge of the law—like tolling under OCGA § 9-3-99—can make all the difference. Don’t let time slip away; let us help you get the justice you deserve.