My son was arrested in October of 2012. He has not been to court yet for arraignment. Can he asked it to be dismissed since he did not get a speedy trial? The court said they haven't received his blood test. He was arrested for driving under the influence of a narcotic.
2 Answers from Attorneys
I get a lot of these and it makes me wonder if your son was arrested in the Grand Rapids area.
The answer to your question is likely no; however, there could be some potential constitutional concerns if your son is out on bond and therefore under bond conditions. If he was in jail all this time he would definitely have some reason to challenge the speedy trial issue but if not in custody, it is not that simple. He MUST have a criminal defense attorney who handles OWI and OWID cases though. Do not let him talk to the police or anyone else about his case except his attorney.
The 63rd District Court was dismissing these cases due to the backlog of blood test results but now they are just waiting to even arraign the defendants.
That being siad, it does not mean there aren't issues that may help. I would need to know more about his case though to give a better answer. I hope this helps a bit.
Ed
Law Office of Edward J. Sternisha, PLLC
FREE OWI CONSULTATIONS
448 Leonard St NW
Grand Rapids, MI 49504
(616) 233-CALL-ED
www.CallEdInstead.com
Ed is right as usual. It can take up to a year on the east side of the state to get blood results. As long as he is out on bond, no harm, no foul.
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