Legal Question in DUI Law in Indiana

suspected drunk driving
defendant was seen by police officer leaving the bar. officer turned around to follow and pulled defendant over citing that he had no taillights, which was not true. officer asked defendant to take a breathalizer test, which did not register high enough the first or second time so defendant was made to blow a third time. Defendant intends to fight the charges stating that they had no probably cause to pull him over, which should be evidenced on the tape in the officer's car if the defendant actually had taillights or not. Does the defendant have the right to view the tape? and how long can the hold off going to court? It has been over 3 months, in which the defendant has not had a driver's license and not been able to get to work. Does he not have the right to a speedy trial? Is there a way he can force the court to bring this to trial? can he request trial in a different county?

Asked on 10/11/07, 7:29 pm

Daniel Hancock Hancock Law Office

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Re: suspected drunk driving

First, he can't be tried in a different county. If he wants to get this case moving quickly, he needs a lawyer who will push for a quick trial date.

Answered on 10/11/07, 11:07 pm

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