2 year old DUI charge still pending, Prosecutor makes a date then cancels it...do I have a possible lawsuit?

Asked almost 2 years ago - Summerville, SC

In the summer of 2010 I was downtown charleston on my motorcycle. At a stoplight i saw some cops sitting on the corner of the block, I passed them when lite turned green and proceeded to park my bike in front of a bar literally a block down. 10 mins later I'm told a cop is outside by my bike. I go out to see what his deal is and he says "I heard you revving your enging when you passed me" (the same cops at the corner) so he asks for my papers and stuff, they check out, then he asks if i'd take a FS test. Thinking I could pass it I said okay. Halfway thru it I ask if we could get away from the crowd because they were making me nervous he says no, and so on the last part of the test I quit and got arrested for DUI. I think it should have been public drunk. case is still pending.

Attorney answers (3)

  1. James Kevin Hayslett

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . I would worry less about a possible lawsuit and more about the pending criminal case.
    Even if the facts warranted a civil lawsuit, which from the fact pattern presented I don't believe they do you would still need to resolve the criminal case before you would begin with the civil suit.
    I assume that you have confident DUI counsel at this point and they have waived your right to a speedy trial.
    It does appear that these facts do not support a strong case for DUI. If you have not already retained an experienced DUI lawyer I would do so immediately. Good luck

  2. Stephan Victor Futeral

    Contributor Level 13

    2

    Lawyers agree

    Answered . It sounds as if your case is pending in the city of Charleston. In city Court, the cases are set by the city prosecutor. If you have filed a speedy trial motion, then amotion can be made in criminal court to dismiss for lack of prosecution. Unless there are pressing circumstances, such as the client is sitting in jail waiting for trial, then I do not often file a speedy trial motion. As far as filing some sort of civil claim for lack of prosecution, I know no such procedure or claim. Further, I know all of the judges that serve in the city of Charleston, and they are not likely to simply dismiss your charge because it has not been brought to trial. You do not have a lawyer, then I highly recommend that you either hire a lawyer or asked the court to appoint one for you if you cannot afford one.

    This response is for informational purposes and is not intended to convey detailed legal advice on specific issues.... more
  3. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Answering your basic question, you do not have a lawsuit, you are a defendant in a criminal case. You do have a right to a speedy trial.

    You should be addressing these issues with your DUI/DWI lawyer. If you don't have a lawyer, get one now. The rest of your question goes into facts that may give you a defense. See my disclaimer below on why you don't want to say too much on the Internet.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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