My husband had a car crash early hours of 3/17/13, no one else involved. He was not breathalysed at the scene but given a blood test at the ...

Question

My husband had a car crash early hours of 3/17/13, no one else involved. He was not breathalysed at the scene but given a blood test at the hospital. He did not hear anything until end of March 14 when he was summonsed to appear in court on 04/08/14. just two weeks later.

Charged with DUI they told him to accept plea bargain or he would be jailed. Was it legal to leave it so long? This was a first time offence.

Answer

They have one year to file charges and serve him on most DUI cases. You said he didn't "hear" anything until March 14. Was he served a notice? Arrested on a warrant? There might be an issue there, but it may also be that they got it in just in time. Only an attorney can properly answer this question and you should discuss this with them in person, not on this forum.

Answer

Hello: I am responding to the issue of him "having to enter a plea". This is incorrect. No one can be forced to enter a plea. If he is out on bond, he will remain on bond until case is over or the State files a Motion to increase the bond, in which case, there must be a hearing. The normal/usual sentence for a first DUI is the minimums that the Court must order. This does not include any jail time. The Florida Statute is Sec. 316.193.

He may choose to negotiate a plea bargain or go to trial. He should seek advice of legal counsel as we know the good/bad issues to focus on. Good luck. If my office can be of any assistance in No. Fla., pls. give us a call. Tom Rosenblum