I was arrested on October1 2014 for 2y 2nd Dwi offense. I have had to have a breathalyzer in my vehicle which was ordered by the judge who posted my bail and one court date two months after my arrest.They postponed my court date because of blood work.So my question is how long does it usually take for them to process my case and for me to actually get Another court date? Do I have to keep the breathalyzer in my vehicle till I get charged or other actions I could take in possibly getting it removed since I am unsure how long it take for my case to get processed.
There is a two-year Statute of Limitations for filing any misdemeanor criminal case. No doubt there is a huge backup in the police laboratory responsible for testing your blood sample. Hire an experienced criminal defense attorney who handles DWI cases to advise you. Good Luck!
The state has 2 years to file a complaint. State law requires that you have the interlock as long as the case is pending
I will answer this question assuming jurisdiction is in Harris County. The fact that you went before a judge and are on bond conditions, leaves me to assume that charges have already been filed for DWI second offense. Blood sometimes can take up to 90 days to test. I assume you have an attorney ? I cant imagine your not having one since the case has been pending for over 8 months now. Most Harris County judges want you to either hire your own attorney, or if you're indigent, they will appoint you one. Are you set for trial ? One County Court has a docket where court dates are set far apart - the last setting being Jury Trial. Ask your lawyer what your case is set for. You can also look this information up on the District Clerk's website. Communication is key to representation. Ask your lawyer - he or she can tell you better than we can.
James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Pardon my typing and or grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.
Labs get backed up...they are not outside of a reasonable or lawful time to get the results back. Sometimes delays/time can help a defense side out. I am currently in the 4th month of waiting for lab results on a case here in Fort Worth. The case will be in a stall until the results come back. All issues like this should be handled by counsel to protect your rights, consult you on the law, and guide you through the system to get the best possible result for your case. I wish you good luck.....hire someone.
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