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Is there an amount of time that can pass between DUI arrest & arraignment in Georgia in order for the charges to be dropped?

Atlanta, GA |

Arrested during a road block in May 2010. Was 32 at the time, blew just over the limit. Officer told me that he would suggest that my license not be suspended as he felt I was fine until the breath test and was cooperative. I went to the hearing and recieved an extension to find a lawyer. A few months later i went to my next court date and told the judge I couldn't afford a lawyer. I Spoke with a public defender, but did not qualify. He was kind enough to briefly council me at that time after hearing my situation and he suggested that I ask to push my case to State. I did. That was over 15 mos ago & haven't heard from the courts as I was informed I would. Arrested over 20 mos ago. Is there a chance this will be dropped after this amount of time? 1st offense. Clean driving & criminal rec.

Attorney Answers 4

Posted

The statute of limitations for misdemeanor cases such as DUI is two years in Georgia. If 2 years pass from your arrest date without an accusation in state court, your case should be dismissed.

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4 comments

Kevin Aaron Chastine

Kevin Aaron Chastine

Posted

Also, even if the case were accused, it sounds like you have a pretty good case. The officer's comments indicate that he based his arrest decision on the result of the portable breath test even though those handheld devices are pretty unreliable and only admissible in court as a "positive or negative" for the presence of alcohol. I hope everything works out for you one way or another!

Kevin Aaron Chastine

Kevin Aaron Chastine

Posted

Also, even if the case were accused, it sounds like you have a pretty good case. The officer's comments indicate that he based his arrest decision on the result of the portable breath test even though those handheld devices are pretty unreliable and only admissible in court as a "positive or negative" for the presence of alcohol. I hope everything works out for you one way or another!

Kevin Aaron Chastine

Kevin Aaron Chastine

Posted

Also, even if the case were accused, it sounds like you have a pretty good case. The officer's comments indicate that he based his arrest decision on the result of the portable breath test even though those handheld devices are pretty unreliable and only admissible in court as a "positive or negative" for the presence of alcohol. I hope everything works out for you one way or another!

Kevin Aaron Chastine

Kevin Aaron Chastine

Posted

Sorry for the multiple postings; having technology issues.

Posted

Is this Fulton County State Court? Long delays there are not uncommon. These delays normally are to the accused benefit in a final resolution of the case. However, a filing of a citation stays the statute of limitations. It is unclear from your question whether a citation was issued. My suggestion is to find an attorney that is experienced in the State court where you bound your case over. This attorney may be able to assist you to determine if charges are still pending. It is difficult to have this part of your life not being resolved and having to worry about a possible warrant for failure to appear. Contact an experienced DUI attorney in the area of your charges for assistance.

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Posted

Sounds like Atlanta Municipal Court and Fulton County State Court. As the other attorneys have indicated, there is a two statute of limitations to file charges in a misdemeanor case. It will depend on whether your tickets were filed stamped or if an accusation was filed in Municipal Court. I would start saving your money to hire a lawyer or find a lawyer who will take payment plans. The state has until May 2012 to file your case and may wait until the last minute. Don't worry delays will almost always work in your favor as a Defendant in a criminal case. Hire an experienced DUI lawyer that is not afraid to contest your case and you may be able to beat your DUI charge. Roadblocks have to follow certain Constitutional minimum requirements and the police have to have Probable Cause to believe you are Less Safe from alcohol to arrest you in the first place.

No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.

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Posted

The Statute of Limitations (SOL) is 2 years in GA on a Misdemeanor charge such as DUI. The SOL issue will come into play if the ticket has not been stamped filed by the Clerks office or an Accusation has not been filed in the State Court in May of 2012. Based on the information in your question, I would advise you to retain an an experienced DUI defense attorney to represent you. There may be issues such as Probable Cause to Arrest for DUI that exist in your case. The only way for you to be aware of the possible defenses is to consult with an experienced attorney. Good Luck!!

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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