I was arrested for a DUI 4.5 years ago and my case is only now being put on a calendar call. Does this help or hinder my case?

Asked almost 2 years ago - Atlanta, GA

I had a previous DUI arrezt in1999 in Iowa, but I believe it is expunged.

Attorney answers (3)

  1. Richard Scott Lawson

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . The answer is certainly possible. Police officers retire, move away, or run into their own legal problems. As a result, the arresting officer may be unavailable. Also evidence against you could be misplaced. It is important to have your DUI Lawyer check to see if the arresting officer and the other officers (such as the intox operator) are even available to testify against you. Also, if the delay caused you to lose the ability to raise certain defenses, the delay may be a violation of your constitutional right to a speedy trial. You need to hire an attorney to advise you as to those very important rights. Hire an attorney before your case is arraigned because your motions (including the speedy trial motion) need to be filed before arraignment.

  2. Allen Rust Knox

    Contributor Level 16

    2

    Lawyers agree

    Answered . The passage of time normally helps a case. The witnesses against you will not have a good recall of the facts; they will be testifying from reports (not actual recollection). Moreover, if this was an Intoxilizer case, they may have lost various documents that are necessary to authenticate the test results (inspection certificates; operator's permit; etc.).

    An attorney might be able to get this case dismissed against you. You have certain constitutional rights (speedy trial and due process) that may have been violated by the passage of this much time between arrest and trial. If you do not have an attorney, you need to retain one now.

  3. Noah Howard Pines

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Time typically helps most criminal cases. That being said, you need to be represented by a lawyer to take advantage of the factors that can potentially help your case. Please call me at 404-812-4305 if you would like to discuss your case in detail.

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