Asked on Jan 27th, 2014 on Criminal Law - California
More details to this question:
I was arrested in August for DUI on marijuana. I am a medical user I was arrested while under holding. I did a blood test, breathalyzer and it came up 0.0 I went to my court date in October and they told me itโs still pending up to this day. What should I do?
Check periodically with the criminal clerk's office. If nothing has been filed, sit back and relax. When you are notified that charges have been filed, hire an attorney to represent you.
Whatever you do, make sure you secure an experienced DUI attorney to represent you and thoroughly review your case. It sounds like you may have some defenses or the prosecutor may have some deficiencies.
Well, if I was your attorney, I would have entered a not guilty plea months ago and we would be approaching the end of speedy trial - meaning the case would likely get dismissed if the prosecution has not provided you with the results of the blood test, why not if they have, what is the result they do not need the blood test to convict, but it is a factor unless you set it for trial, the prosecution does not face any penalty for delay if you cannot afford an attorney, ask for a public defender - if you can afford one, you should get one that knows how to make the prosecution do their job or dismiss.
The case may be pending for months while they get the marijuana tested to make sure it's really marijuana. There is nothing you can do while the case is still on hold. You can hire an attorney to represent you and have the attorney contact the prosecutor's office to find out why it's still pending.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.