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Dui charges not filed?

Augusta, GA |

I was arrested for dui about two weeks ago and still haven't received a court summons. On my citation it says my court date is October 8th. What up with this? Could the charges not be filed yet?

Attorney Answers 7


  1. Sounds like that's your court date, if it's written on your citation. You can call the clerk of court to verify if you're not sure.


  2. This is not unusual at all. Is there a blood test involved? Just make sure to call the clerk to see if you have to show up on the 8th. And, as per usual, hire a good attorney.


  3. That is your court summons. That will be your first appearance or arraignment in front of a judge. You will have the right to have an attorney there to speak to the prosecutor to find out what you are being charged with and what the prosecutor is offering to plea. You'll have the ability to ask for a trial, additional time to speak to an attorney or to plea.

    Definitely speak to an attorney in your area before that date to get advice on how to proceed.

    Good luck.


  4. It usually takes the prosecutor's office several weeks to file an accusation, or even for the tickets to get booked into the court. I would still go to court on the 8th.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  5. The citation is the charging document.
    Hopefully you submitted your request for an administrative hearing by now (assuming you either refused the test or your results were over a .08).


  6. Your citation is your court summons. You need to appear on October 8 or they will issue a warrant for your arrest. You really should hire a lawyer right away to help you through this.


  7. Note that you citation has a heading that includes the language, "Accusation and Summons". You indicate that you are from the Augusta area, but there are several different court open there. Some prosecute on the citation alone, while others, like the State Court of Richmond County bring formal accusations on all misdemeanor cases. If you have a date on the citation, you should appear on that date, but hopefully not before you have sought the advice of a local attorney familiar with the specific court and persons employed there. Good Luck!

    I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.

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