Julie Anne Kert's Answers

Julie Anne Kert
Atlanta DUI / DWI Attorney.
Contributor Level 3

1

Attorney answers:

  1. Julie Anne Kert

In Georgia on a DUI case my son resisted field testing- no blood or breath- so was arrested(detained) "per se"

Asked by a user in Reno, NV - about 1 year ago.

The State has two years from the date of arrest to file charges in a misdemeanor matter. If your son has had an arraignment courtdate since his arrest (where you enter a plea of guilty or not guilty) in all likelyhood that has already happened. Once charges are filed, there is no absolute limit to how long the State can take to try a charge in the absence of a filed demand for a statutory speedy trial. At this point, or at some point in the future, your son may be able to bar prosecution by...