There may be speedy trial statutes that are implicated along with statutes of limitations arguments to be made.
In most cases I have found that the best strategy is to let sleeping cases lie; if nothing is said, and the state forgets to prosecute in a timely manner, then the case would have to be dismissed with prejudice, regardless of the strength of evidence.
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The past two years was the time during which the defense lawyer in a DUI case should be gathering facts and preparing the case. All lab work should have long been processed and available to everyone involved. Somethings, not right?
I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
the statute of limitations in Georgia is 2 years from the date of the alleged act. Please don't hold it against the public defender he has tons of cases.
blood test results in Georgia can take up to 6 months to complete. Your husband can request an independent test if you want to know the reults now.
without the blood test your husband's odds at an acquittal significantly increase