In May of 2010 I got a DUI in Atlanta by GaTech Police from a road block. I thought the thing had disappeared until the other day I got a notice in the mail telling me I had a court date in Fulton County to respond to my DUI charges. Can they do this? Its been 2 years to the day tomorrow.
This is typical for Fulton County. They mark every file when it comes in and just before the statute of limitations of 2 years is up, its flagged and then they file the accusation as required by law to comply with the SOL. It looks like they filed in time.
All hope is not lost. Your arrest by GTPD could be very suspect and have 4th amendment issues with respect to whether or not the roadblock complies with 4th amendment protections. For a roadblock to be legal there are 5 very strict guidlines police have to meet, and often times police screw these up. GTPD does not have the best reputation as being compliant with our Constitutional protections. If you hire competent counsel to defend your case this roadblock could be a big issue and may result in getting all of the evidence excluded. Good luck and please talk to a DUI specialist about your case.
Unfortunately, this is quite normal. the good news is that there are many ways to fight a DUI roadblock case, and the fact that the case is two years old may also help. be aware, though, that the solicitor in Fulton County state court has a strict policy against reducing these cases to a lesser charge such as reckless driving. I strongly suggest that you speak to several lawyers, and find one that you are most comfortable with. You will likely want to file motions quickly and explore with your attorney all the possible defenses to your case at trial. please call us anytime at 404-987-0245 if you would like to discuss your case further at no charge. Best wishes to you,
-Kevin A. Chastine
As a former prosecutor in Fulton County, I know this drill far too well. The statute indicates your case must be accused within two years from the date of arrest. Unfortunately, your case was probably accused well before the statute ran. At this point, the best thing you can do is contact a few attorneys that specialize in DUI such as myself. Most of them will offer free initial consultations and can discuss your case with you. There are numerous issues in regard to roadblock cases an a qualified DUI attorney should be able to flesh those out. At this point, you should consider what you would like to see happen with your case, and if you do not want to be convicted of a DUI, it is time to consider hiring an Attorney to help you fight it. Fulton County is a great place to fight your case and depending on the Judge and the facts of your case, you may be in a good position to even have it reduced to something other than a DUI.
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