DUI with Traffic Crash Dismissed on Speedy Trial Grounds - DUI
Client was involved in a traffic crash in June, 2011 and was taken to a hospital. A law enforcement officer requested he provide a blood draw to which he kindly refused. An arrest warrant was issued and client was arrested on September 12, 2011 in St. Johns County for DUI, DUI with Damage and Criminal Refusal of a Blood Test. He retained me and we set a court date for his appurtenant civil Careless Driving citation, but could not find the criminal charges in the clerk's records. When the clerk found out the Careless Driving charge was with criminal charges we got another court date then shrewdly paid the citation so the criminal cases would not be acted upon by the clerk. The State Attorney's Office failed to file the criminal charges with the clerk until December 15, 2011. The client was entitled to a speedy trial within 90 days of his arrest. Since the State failed to even charge him, much less try him until after 96 days had passed since his arrest, the court forever discharged him from the crimes.