How long do I have for a speedy trial before I can ask for a dismissal? 8 Answers as of November 25, 2013

I got lost and went to ask a cop directions. He noticed I was a bit out of it because I just started my Alprazolam medication that night. I was charged with DUI but had no alcohol in my system.

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Cramer Cramer LLC | Aric Cramer
Depending on the facts, a claim of violation of your right to a speedy trial would not kick in until at least one year after you had been charged, and you will have to show that you affirmatively invoked the right and did not waive it.
Answer Applies to: Utah
Replied: 11/25/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
They can charge you with DUI drugs. They have 1 year to file and once they file 45 days to bring it to trial assuming you don't waive time.
Answer Applies to: California
Replied: 11/21/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
First you have to file a speedy trial demand. Second, you have to know the terms of court in your jurisdiction. Third, you have to wait until the term of court has expired, then file a motion to dismiss. Do you have any idea how to do any of it? No, because you could not find a physical address in an age of GPS in the car and on the mobile phone. SO, go adn retain an attorney, before you "ask" yourself into a jail sentence.
Answer Applies to: Georgia
Replied: 11/22/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Don't count on that route. You need to hire a DUI specialist. Drug DUI's aren't easy to prove, but by yourself you will likely be convicted.
Answer Applies to: California
Replied: 11/22/2013
Meadows & Howell, LLC
Meadows & Howell, LLC | Brad Howell
There is no bright line rule for the amount of time that must lapse before you can ask for dismissal of charges due to lack of a speedy trial. The judge would look at the reasons for why the case has been continued or otherwise is taking longer to proceed. If the length of time is reasonable, or if there are other circumstances which would warrant a longer amount of time, then any motion to dismiss would likely be denied.
Answer Applies to: Alabama
Replied: 11/21/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    160 days from the day you filed and served on the prosecutor a written demand for a speedy trial, if you are on bond.
    Answer Applies to: Illinois
    Replied: 11/21/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well even prescription medications can make you so that you are violating the law by driving. Get a lawyer.
    Answer Applies to: Michigan
    Replied: 11/22/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    The question and the question detail aren't together. And the speedy trial question is not clear ? are you talking about prefiling delay, post-filing delay, post-arraignment delay, what? I hope you were more lucid in talking to the cop than here or you will be found to be under the influence at trial!
    Answer Applies to: California
    Replied: 11/22/2013
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