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.
Criminal Defense Attorney
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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
DUI / DWI Attorney
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
7 lawyers agree
Divorce / Separation Lawyer
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.
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