Driving suspended on dui WV?

I live in west Virginia and on July 17 I rear ended a guy on my way to work I know I should not drive but there's no public transpertation and I only drive to work and back ...but when the cop showed up by law in this state its mandatory that he arrests me on the spot for driving on suspended on DUI but he didn't he informed me that he will contact me when he's ready to arrest me well I waited and it never happened so today I get a summons in the mail from local mag court saying I need to appear before a mag buy sept 16 to face these charges 2 mouths after the fact ...idk if there's anything legal I can do the cop was lazy that day and didn't do his job never called and waited nearly 2 mouths before acting so is there anything I can do is there statuette limitations on this