Do I have a right to a speedy trial or do I have to wait for blood work for a fifth offense OWI with minor child in car? 10 Answers as of March 13, 2014

I went for my plea today and was told that the district attorney did not file anything against me yet. I was told that the blood work which was taken 39 days ago is not back yet. My Breathalyzer was 0.008 really, no mistake in the number.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can file a speedy trial demand.
Answer Applies to: Georgia
Replied: 3/13/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
They will not file anything without a test that shows that you were under the influence of something. You just have to wait.
Answer Applies to: Michigan
Replied: 3/12/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
DA has 1 year to file charges. Probably won't.
Answer Applies to: California
Replied: 3/12/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Your right to speedy trial begins the day you are arraigned. Since no charges have been filed, the time doesn't begin to count yet. But you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from the DMV.
Answer Applies to: California
Replied: 3/12/2014
Law Offices of Naser J. Khoury
Law Offices of Naser J. Khoury | NASER J KHOURY
Your right to a speedy trial starts after the District Attorney decides to file a criminal complaint and you are arraigned. For misdemeanor cases they have up to one year to make the decision to file. In a felony case generally they have up to three years, however, there are other offense which have a longer statute of limitations.
Answer Applies to: California
Replied: 3/11/2014
    Hudson Bair | Hudson Bair
    Speedy trial attaches when the charges are filed. After charges are filed you have a statutory right to be brought to trial within a certain time frame depending on whether the charges are misdemeanor or felony and whether you are in custody or out.
    Answer Applies to: California
    Replied: 3/11/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Why would you want to plead if you had such a low BAC? You need to retain an attorney.
    Answer Applies to: Illinois
    Replied: 3/11/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Possibly. Retain an experienced OWI attorney to see if any motions can be filed.
    Answer Applies to: Michigan
    Replied: 3/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney, this is a serious - prison time - offense and an indicia of a good defense.
    Answer Applies to: Michigan
    Replied: 3/11/2014
    Law Office of Robert E McCall | Robert McCall
    Talk to your attorney about filing a Speedy Trial request. Once filed it cannot be withdrawn.
    Answer Applies to: Florida
    Replied: 3/11/2014
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