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strick1986 · Jun 19, 2008, 07:39 PM

How long can you put off a d.u.I. charge before they cannot charge you for it?

JudyKayTee · Jun 19, 2008, 07:44 PM

What do you mean by put off the charge? Have you been arrested? Are you talking about stalling before trial?

Georgia Law says: "All citizens are guaranteed the right to a speedy trial. In Georgia, we are even given the right to demand a trial that must be held within two terms of court from the date an accusation is filed. In other words, if charged with a crime, and a speedy trial demand is timely filed with the court clerk, the state has a set number of months to bring the case to trial or it will be dismissed. There is also a constitutional right to a speedy trial. However, there is No set time period that a case must be brought in order to qualify. A person must show a long delay that was the fault of the State and it has harmed the Defendant such that he could not get a fair trial. "

excon · Jun 19, 2008, 07:48 PM

Hello strick:

Sorry to bust your balloon, dude - but NEVER. The statute of limitations is designed to make sure the cops charge somebody as soon as they can. They run from the time a crime is reported until somebody is charged.

In your case, you were charged right away, so the statute of limitations has nothing to do with your case. Or, if you drove drunk and they didn't charge you yet, they probably have 3 years to do so... Course, how are they going to know you drove drunk??

If you've missed court dates, and a warrant has been issued, it NEVER expires.

excon

Fr_Chuck · Jun 19, 2008, 07:52 PM

If you were going to be charged with a DUI, the officer will have done it at the scene, it would be highly unsual for them to wait weeks latter after stoping you and doing the breath test to charge you,

I do know we did have one case with a truck driver where we stopped him, and he demanded a blood test ( he had that right) he sort of got lost in the hospital system and after they did the test he left. We charged him about a month later after the DA reviewed it.

The actual SOL varies by state but a est would be one year to actual charge you. Once you have a ticket there is no SOL and the court date can vary by area and the motions each side may make, often they go to court within two months, but I have seen them drag out for over a year as each side tries to make varoius motions

georgiapeach87 · Nov 14, 2011, 08:56 PM

I received a DUI and went to court and the police officer did not show up. Case got dismissed, but my attorney is telling me to not get my hopes up because he may re-file it. What are the chances that police is going to go through all of that trouble? I was not rude to him during the roadblock and sobriety test. Any advice would be greatly appreciated. This is in the state of Georgia and I was pulled over by state trooper.