QUESTION
I was arrested for a DUI on 3/3/2012, the DA still doesn't have my blood test results (it is now Dec.) what can I do?
Asked on Dec 06th, 2012 on DUI/DWI - California
More details to this question:
I was arrested for a DUI on 3/3/2012 in Sacramento County. I did two breath tests and my BAC was .034-.035. The officer thought I was under the influence of marijuana so they did a blood draw. Since then, I have had five court dates, each time it was pushed back because the DA still did not have the blood test results. What should/can I do about this?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If you are represented by an attorney, you need to speak to your attorney about this. If you are not currently represented by an attorney, you need to hire one immediately. Unless you waived time or time was waived on your behalf, your right to a speedy trial may have been violated and a motion to dismiss may be appropriate.
Answered on Dec 07th, 2012 at 2:14 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
If they do not file by 3/3/13, assuming a misdemeanor, they cannot file ever. It could only be a felony if injury to another person or you have 3 or more priors. Then they would have to 3/3/15 to file.
Answered on Dec 06th, 2012 at 5:41 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Nothing you can do except let the DA run out the clock at one year statute of limitations. Or, you could file a dismissal motion in court, but that would simply prompt the DA to file charges, contrary to your purposes.
Answered on Dec 06th, 2012 at 2:25 PM