QUESTION
How long is it going to take to get a court date and my BAC results?
Asked on Dec 24th, 2012 on DUI/DWI - California
More details to this question:
How long is it going to take to get a court date and my bac results? It's been over 12 months. This arrest is causing me not being able to get a job and I have gotten turned down for 5 jobs this year. (govt job, state job, sales job, school district, etc)
9 ANSWERS
Gary Moore
Twelve months? Something is very wrong.
Answered on Jul 07th, 2013 at 9:46 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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12 months is way too long to wait for BAC results. Speak to your attorney ASAP or perhaps another lawyer.
Answered on Jan 03rd, 2013 at 2:23 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's generally illegal for you to be denied employment solely because of an arrest or conviction. The delay of 12 months is extremely unusual. It may be that your case has been forgotten.
Answered on Jan 03rd, 2013 at 2:22 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Your lawyer can subponea then.
Answered on Jan 03rd, 2013 at 2:22 PM
Michael J. Breczinski
Have you called the court and seen if they have the case at all? If they do not then maybe you will not be charged.
Answered on Jan 03rd, 2013 at 2:22 PM
There is a statute of limitations to these types of charges, so you may want to see an attorney to file a motion to dismiss the charges or to assert your right to a speedy trial.
Answered on Jan 03rd, 2013 at 2:21 PM
Criminal Defense Attorney serving Beverly Hills, CA
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William S. Kroger Jr.
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If the case is a misdemeanor, the statute of limitations has run if it is more than a year. In addition, if they do file it, your lawyer can file a Serna motion and try to get it dismissed.
Answered on Dec 31st, 2012 at 2:50 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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A misdemeanor DUI charge must be filed within one (1) year of the date of arrest, or the DA will not be able to charge you with the DUI as a misdemeanor. If your mother was a general DUI it is typically a misdemeanor and you would not be able to be charged more than one year from your arrest if the DA has not charged you already.
Answered on Dec 31st, 2012 at 2:49 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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If a misdemeanor, and no court case filed within 12 months from arrest. You are safe. None can be filed in California. There is a 1 yr statute of limitations for misdemeanors. However, there is a process for petitioning to have your arrest record sealed/destroyed and requesting that the arrest be deemed a detention, instead of an arrest, by the agency. Contact a local attorney to discuss your situation.
Answered on Dec 31st, 2012 at 2:48 PM