Legal Question in DUI Law in North Carolina

I was arrested January of this year for a DUI in Cumberland county nc, I did no get a field sobriety test or a breathalyzer before being arrested. Upon being brought to the police department I took a breathalyzer and blew a .16 on the next blow it did nt register which happened a couple of times the officer then put me down as a refusal. My original court date was in march , I've hired a lawyer however the case has been pushed back 3 or 4 times including today, my new date is I. January . Question being is there a limit to how long I have to wait to go to court? I had to give up my liscence last January, will I get it back this jan since its a been a year or can the judge suspend it for more? This is my first arrest.

Asked on 11/15/13, 10:49 am

1 Answer from Attorneys

Marcus Hill Law Office of Marcus Hill

How long you have to wait for a court date depends on the county in NC. Each county has its own local rules. However, if you wait too long, for example, 14 months, you have a better argument that the State has violated your constitutional right to a speedy trial.

Why have you not gotten your license back by paying $100 civil revocation fee to the clerk of court after 30 days from date of revocation? Did you have a valid NC license when it was revoked for your refusal? Has DMV written you a letter yet? Maybe DMV has revoked your license for a year(you could have gotten a privilege after 6 months) but your license will be revoked another year if the state court convicts you of dwi and before you get a privilege you have to wait 45 days and have an interlock blow machine put on your car for one year because of your first blow result of .16 (we have arguments against this). My question is whether you could have gotten a refusal privilege if your state court case was still pending and I think not. Marcus E. Hill, 919 688-1941

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Answered on 11/27/13, 7:58 am

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