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Dallas, TX - Case not filed by original court date for month old DUI, is this a good sign?

Dallas, TX |

Dallas, Tx - In mid-December I was arrested for DUI but refused the breathalyzer and field sobriety tests, the police ended up pulling blood (with a warrant) about five hours after I was arrested. Today was the day my original court date was scheduled, I asked my attorney if there was any update as to what was going on and he said "The case was not filed yet so there is nothing to tell."

If I was in fact legally intoxicated at the time of arrest it had to have been just barely. I realize this could just be due to delays in the lab, but could this also be a good sign that they might not be filling charges?

Is it typical for cases where blood has to be analyzed to have delayed fillings, is there a good chance they might not file at all or was I just pulling at hairs here?

Attorney Answers 5

Posted

No it doesn't mean anything. Even without a blood test, that original court date almost never has case filed yet. With blood test, it takes weeks, perhaps months, to get the results back, so plan on being patient. Just stay in touch with your attorney, but don't bug him.

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Posted

It is WAY too early for it to be a sign of anything. Blood results take about three months to come back. Then the police agency has to file the case with the DA's office. Then it has to get a first setting with the Court. Sometimes this happens a little more quickly, sometimes it happens a lot more slowly. I know you automatically received a first setting date when you posted your bond. This is not a real court date. It's just a date that is automatically generated by the AIS system. If you hired an experienced DWI attorney, trust him. He's telling you the truth.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

Way to soon in the process. Blood testing results are taking on average. 3-4 months. Also you were arrested during the holidays. What do you think the front line clerks were doing during that time: A) Taking holiday leave or B) Working their fingers to the bone. If you chose B, you chose wrong. A court case is in most cases not considered old until more than 3 years have past. Listen to your attorney and keep your emotions in check. Not too high, Not too low.

Good luck,
Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

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Posted

In Travis County it is taking at least 3 months to get blood test results back. A month is not long enough to determine anything. I recommend to my clients that they take the DWI education class and attend AA meetings while waiting on their blood results.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

It is common for cases not to be filed by the original court date. The police department could be waiting for the blood results before filing the case with the DA's office, or the case could be at the DA's office and in the process of being formally filed. So do not read into anything about the case not being filed by the initial court setting.

From time to time cases may never get filed, and part of that reason could be that the blood results were too far below a 0.08, indicating the person was not intoxicated. If the results of your blood test do come back under the legal limit, the time of the test and just how far under the legal limit your results are can determine if the case is actually filed or not.

Hope this helps.

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