I was arrested for a DUI and began trying to obtain my incident report for the case 5 days after. I was told that it was not ready yet and to call the special operations department tomorrow. Since then I have called every day and have been told that it was not ready yet. I finally asked today. 10 days after, how long it took to have a incident report ready and she stated they ask for 5 days. I am wondering if this report has to be filed within a certain amount of time and if so, what happens if it is not..
DUI / DWI Attorney
Remember that you are dealing with the government. It is very unusual for no incident report to be filed in a DUI case. It is more likely that there is some delay in the report being approved by a supervisor, or a delay in the records room receiving it. Keep trying. If no report is filed, a lawyer could use that fact against the police officer in court in a variety of ways. There is no legal remedy, such as a dismissal, however, that follows from the failure to file a report.
If you wait until your case is formally filed, your attorney will be able to file a formal demand, triggering a response deadline.
it can take a while for the report to be completed and filed, but the delay does not look good for the officer. It is meant to record the officer's observations while they are fresh in his or her memory. If the officer waits too long to write the report, it just looks sloppy and can be used at trial to cast doubt on what the report says. You should call around and find an attorney you are comfortable with; feel free to call anytime at 404-987-0245 to discuss your case in more detail at no charge. Best wishes
While it is very unusual for no report to be filed in a DUI case, it is not unheard of. There is no legal requirement that the officer write a report, so there is no automatic dismissal for his failure to do so. However, it may also help you in that the officer may not remember details when it comes time for a trial.
To be honest, you should probably be speaking with lawyers about defending your case and not worry too much about the police report timing. Have you inquired about filing a letter to save your license with driver services? There is a 10 day deadline on that letter to be sent.
There is no time limit on police reports to be turned in. Of course if you were arrested in 2010 and the report was written the night before your trial in 2013, that maybe different. However, there is no requirement by the courts that a report be turned in quickly.
Decide who will lead your defense and let them handle the discovery and evidentiary issues. You will be happy you did.
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
I understand that you are concerned about the Incident report not being available to you - 10 days later. However, I believe that you should be worried about filing your Request for a Hearing on the DDS Form 1205 that you should have received. If you don't file a request for an ALS Hearing- your license will be automatically suspended. Additionally, you have to send a money order or cashiers check ($150) to the state with your hearing request. Finally, there is no requirement that an Incident Report be filed in a DUI case. If it is not filed a good attorney can use this against the Officer. I would recommend that you retain the best DUI Defense Attorney that is available to you - ASAP! I hope this information is helpful to you. Good Luck!
George McCranie www.mccranielawfirm.com
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.