hey all i was hold on 29th of June 09 they took a blood test i would like to know how long do blood test take to come back to know the result i had a court hearing on the july2 09 i went but nothing was file im so worry please help ...
some one told me that a dui charge need a speedy trail like up to 60 days is that true and after that the case can be thrown of
I am assuming that you were arrested on June 29, 2009, but that no charges were filed when you went to court on July 2, 2009. If no charges were filed due to the lack of blood test results, the clock is not "ticking" on speedy trial until you are arraigned--meaning you are charged and appear in court to answer to the charges, guilty or not guilty. If charges were filed, and you have entered a plea of not guilty, then the prosecution has 60 days to bring you to trial if you are in custody, 90 days if you are out of custody. Just today I secured a significant reduction of a DUI charge and dismissal of a related charge because the prosecution did not produce the blood test result in a timely manner. The department that does blood testing tends to be slow in getting the testing done and the results to the prosecutor. This can result in speedy trial issues and other issues that could make your case problematic for the prosecution. It is important that you contact an attorney who has the scientific knowledge and skill to defend a blood test case--they are subject to a variety of challenges if the attorney is well-versed in the science and law of blood tests. In my book, The Washington DUI Practice Manual, I have written a lengthy chapter on blood test evidence and how to attack such evidence. Before you hire an attorney, you should make sure the attorney has the knowledge and skill to adequately represent you in a blood test case.
The government has two years in which to file the criminal charges against you, that is, a likely DUI charge depending upon the results of teh blood test. Typically the blood test (sent by the arresting agency to the Washington State Toxicology Lab in Seattle, WA) will be completed within a few weeks of your arrest. At that time the prosecution wille evaluate what charges to file and you will be summoned to appear for an arraignment (i.e. the first criminal appearance). If at the July 2nd hearing the judge informed you that no charges had been filed, then your speedy trial will start once the charges have been filed and you appear for an arraignment. If you are out of custody on the charge, the government has 90 days in which to bring you to trial (starting from your arraignment date) or 60 days if you are currently held in custody. The charges likely weren't filed at the July 2nd hearing as the government is awaiting the results of the blood test.
Feel free to call me for a free consultation/evaluation of your case.
Webb Law Firm, PLLC
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