I was stopped five months ago in the metro Ann Arbor area. I blew a .05 on a PBT. However, due mainly to extreme fatigue, I don't believe I performed well enough on the roadside field portion, and was taken to a hospital for a blood draw. After this, I was taken to the station where I was processed(mug shot, fingerprints, etc.) and subsequently released without bond, seeing a judge, a court date or even a charge. I am assuming they were awaiting the results of the blood draw before filing a charge. If they were looking for drugs, they surely wouldn't have found any as I don't use any drugs, even perscription pharmacueticals. I haven't heard anything about this in 5 months, and my question is how would I know this has been resolved, and in what time frame should I know this?
Generally not that long..Usually a month at most. Based up the facts you submitted, they may be scrambling to find a reason to justify your arrest..It sounds like a bad arrest..I was an officer for 20 years..You might have a good claim for unlawful arrest. No news generally means they are trying to forget it. Please feel free to call me at 248.779.7236..or leave a contact number..
5 months is certainly a long time for charges not to be filed. You or your attorney can contact the court to follow up to make sure that charges were not in fact filed, and maybe find out if the prosecutor's office rejected the case (ie. decided not to file charges after all). For piece of mind, you may want to contact a DUI attorney in your area to discuss the situation in more detail.
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Criminal Defense Attorney
Just as another data point, we are seeing 30 - 40 days at most when taken at the local hospital. I have seen the State Police lab get behind from time to time. I just agreed to an adjournment on a case for 30 more days so the prosecutor will discuss a downward plea with me.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
I disagree with the times. I have seen many months of delay for blood test results done by the state police.
Child Custody Lawyer
I have had cases were results have taken a couple of months. Call the prosecutors office and ask if a charging decision has been made (or have an attorney call for you).
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Criminal Defense Attorney
It's probably already resolved, but nobody told you. Blood-alcohol results are usually back in a few weeks. The prosecutor's office may have received the results and already decided to decline charges on you. Contact the police department that arrested you. They will have a copy of the decision by the prosecutor if he/she has reached one at this point. Good luck.