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My son on May 6, 2005 had a bad car accident received a DUI, Can he be taken to court now after 3 !/2 years?

Asked almost 3 years ago - Fairfield, IL

My son was ejected from his truck and was in a coma for 6 weeks and was released from the hospital after 2 months. Now the states attorney wants to trial him after 3 1/2 years. I went to the states attorney office before my son was to appear in court and explained to states attorney that my son was in a coma and we did not know how long it would be before he recovered. Is this possible or do we have anything to worry about?

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Attorney answers (2)

Michael Alexander Misa

Reputation Level 12

Answered almost 3 years ago. DUI / DWI Attorney in Tampa, FL.

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Anyone charged with DUI has something to worry about. You need to meet with a lawyer who concentrates on DUI law in your area. There are all sorts of defenses that may be possible depending on what evidence the state has or DOES NOT have. Some of the issues an attorney can help you with are: was there a violation of the Statute of Limitations, Speedy trial or other 6th and 14th Amendment issues. If none, then what is the States case comprised of? Was there a wheel witness or any other witnesses to the accident? Was the evidence obtained lawfully and not in violation of certain patient privacy rights, like subpoenas required/issued etc. What is the current status of your son? Is he competent to stand trial because of his injury? As you can see these cases are complicated and require competent counsel to help you. Seek Counsel.....Good luck!!

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