QUESTION
How long does a Pennsylvania police officer have to file a DUI charge?
Asked on Jun 27th, 2013 on DUI/DWI - Pennsylvania
More details to this question:
I got pulled over for speeding without a license. I was taken to the hospital to take a blood test, took them an hour before anyone attended me so I refused the test. The officer then just drove me home. It’s been 60 days and I just got a letter in the mail from a lawyer’s office saying that there are criminal charges have been filed on the docket list.
1 ANSWER
3 Awards
Some lawyer pay a data base that tracks charges filed and then sends a solicitation letter out to the person charged on behalf of the lawyer. So, chances are charges have been filed. The last time I visited this issue, there was no rule on it but there was case law that said if too much time passed, the defendant could argue that his ability to defend himself was effected by the unreasonable delay. What constitutes an unreasonable delay would be up to the court but I feel confident that 60 or 75 days is not unreasonable.
Answered on Jul 01st, 2013 at 1:42 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900