Just one prior arrest, which was a first DWI around two years ago. I got a breathalyzer in the car as a condition of bail and I have been keeping up with it as well and have not screwed it up.I also faced no suspended license as my lawyer contested and won within a month of the arrest. Is this a good sign?
That long a delay is pretty unusual, but it could be that there have been some court dates for conferences between the State and the Defense that you did not have to go to as long as you are complying with whatever conditions you have to comply with right now. Ask your attorney.
This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com
You say your lawyer contested the driver's license suspension. You need to talk with your lawyer about the DWI charge. There are many reasons for delay in a misdemeanor DWI prosecution. Your lawyer should be able to fill you in on those.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
Probably doesn't mean anything, especially if it involved a blood test. Otherwise, it is probably related to a crowded court docket. However, it is encouraging and its OK to hope that the case won't be filed.
Delay in filing a criminal case in a busy Texas county is not unusual. There may be bottlenecks within the prosecutor's office keeping the case from moving through. Hopefully, your case is not moving because there are problems for the State regarding evidence, witnesses, and the like. There may also be events going on behind the scene which are delaying things. There may be evidence waiting to be analyzed at the lab like a blood sample. In any case, if you have an attorney hired to represent you in this important matter, please discuss the status of your case with them. They are in much better position to help you understand what is happening at this time.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline