Legal Question in DUI Law in Florida

speedy trial or statute of limitations

On 8-22-06 I caused a car accident. No injuries to speak of on either side.I was taken to a hospital.My BAC was very high. I was released from care. No police were waiting.Never got booked or fingerprinted.After 7 weeks I got my license back in the mail. Now 17 months later they want me to appear in court. Is this right? Thanks


Asked on 1/25/08, 5:45 am

2 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: speedy trial or statute of limitations

You should get an attorney. The criminal statute of limitation is two years.

The speedy trial question depends on whether you were ever given a ticket or arrested at the scene.

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Answered on 1/25/08, 9:06 am
Thomas Rosenblum Rosenblum Law Offices

Re: speedy trial or statute of limitations

Hello: I read your question and the response. It's hard to give a more detailed response without knowing all of the facts. Your q. does not state what you are going back to court for. Do you have any written notice that states you are charged with DUI? If so, it would be wise to get an atty. You may be able to argue to dismiss the charge due to the length of time they waited to bring you in. If you can't prevail on that issue, you may be able to beat it on other reasons. For example, the older the case, evidence is often "stale". That is, officers may forget some of the facts, an officer may have left the force and would be unavailable to testify for the State, evidence (reports, witnesses, breath test machine records, etc.)may be missing. You may be able to get the State to reduce the charge to reckless driving (as we are always arguing for). As such, don't think the worst, you will be ok.

'Hope this helps. If my office can be of any assistance in North Fla., give us a call. Tom Rosenblum

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Answered on 1/25/08, 10:01 am


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