How long can the court system continue a case when there is no evidence to support the charge?

Asked over 1 year ago - Houston, TX

I was arrested for DWI on a no refusal weekend and the blood test came back zero. They wanted to test for other substances and it has been over a year and they just keep just scheduling court dates. How long can the courts prolong this?

Attorney answers (4)

  1. James Richard Butler

    Contributor Level 12

    7

    Lawyers agree

    Answered . As a DWI Defense Lawyer in Harris County, I agree with Mr. Vinas. What does your lawyer say ? What is the lawyers explanation ? Is this a felony or a misdemeanor ? Are you set for trial ? I can't imagine a Harris County judge allowing this case to linger on the docket this long without there being a trial date. Obviously, the State can go forward on a 0.00 case, and allege intoxication by a drug or unknown substance - but I can't imagine them going forward without blood or urine. How do you appear on video ? I am guessing not good or this case would have been gone by now. Speak to your lawyer and express your concerns. I hope this helps.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or... more
  2. Joseph Francis Vinas

    Contributor Level 12

    6

    Lawyers agree

    Answered . You need to hire an experienced criminal lawyer ASAP. If you already have one, you need to express your frustration with this situation. I would think a simple Motion for Speedy Trial would solve your problem.

    What you've posted is very unusual. Most judges in Harris County would not stand for this happening. Something strange seems to be going on.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  3. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . A long time. You have the right to a speedy trial and should discuss this option with your attorney. Filing a speedy trial motion is a strategic decision that can backfire so it must be made carefully.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  4. Guy Henry Haskell

    Pro

    Contributor Level 10

    6

    Lawyers agree

    Answered . TEX CR. CODE ANN. ยง 32.01 : Texas Statutes - Article 32.01: DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED

    When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.

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