QUESTION
How long do I have for a speedy trial before I can ask for a dismissal?
Asked on Nov 19th, 2013 on DUI/DWI - California
More details to this question:
I got lost and went to ask a cop directions. He noticed I was a bit out of it because I just started my Alprazolam medication that night. I was charged with DUI but had no alcohol in my system.
5 ANSWERS
Aric Cramer
Depending on the facts, a claim of violation of your right to a speedy trial would not kick in until at least one year after you had been charged, and you will have to show that you affirmatively invoked the right and did not waive it.
Answered on Nov 25th, 2013 at 12:38 PM
Michael J. Breczinski
Well even prescription medications can make you so that you are violating the law by driving. Get a lawyer.
Answered on Nov 22nd, 2013 at 8:22 PM
Don't count on that route. You need to hire a DUI specialist. Drug DUI's aren't easy to prove, but by yourself you will likely be convicted.
Answered on Nov 22nd, 2013 at 7:41 PM
Tax Law Attorney serving Birmingham, AL
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There is no bright line rule for the amount of time that must lapse before you can ask for dismissal of charges due to lack of a speedy trial. The judge would look at the reasons for why the case has been continued or otherwise is taking longer to proceed. If the length of time is reasonable, or if there are other circumstances which would warrant a longer amount of time, then any motion to dismiss would likely be denied.
Answered on Nov 21st, 2013 at 12:12 PM
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They can charge you with DUI drugs. They have 1 year to file and once they file 45 days to bring it to trial assuming you don't waive time.
Answered on Nov 21st, 2013 at 12:11 PM