Legal Question in Traffic Law in Florida

My 16 yrs old son was charged with a DUI and leaving the scene of a crime with property damage, on Oct 31/2009, he was found sleeping in the passenger seat. He was given an arraignment day and we went to court, he was never called neither was he on the list that day. I went to the clerk of the court and no charges were found nor filed. we have not received any notifications and we would like to know how long does the sheriff have to send the charges to the DA. He went to court and no charges were charged against him.

Thank you so much

Penny A Canino


Asked on 1/04/10, 9:39 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

I would periodically continue to check with the clerk to see if any charges are filed. Call once a week to once every two weeks. You don't say if he was "arrested" on 10/31/09. If he was, then they only have 90 days to charge him. If he was not, then they have a year. Either way, in order to protect his rights you really should talk to an attorney about this before they do file charges. Good luck.

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Answered on 1/09/10, 11:38 am


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