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.
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.
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.
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!!
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