As enshrined in the United States constitution, all defendants in criminal cases have the right to a speedy trial. This provision seeks to protect defendants from prolonged periods of anxiety and potential incarceration while preserving their ability to defend themselves. But how does this principle apply when facing DUI charges? Let’s unpack this. If you need help from an Orange DUI lawyer, contact Chambers Law Firm at 714-760-4088.
Your Rights as a DUI Defendant
When you are charged with driving under the influence of alcohol or drugs (DUI), it is a criminal charge. As a result, certain rights, including the right to a speedy trial, are automatically granted to you as a defendant. This means if the case does not progress promptly, there’s a possibility to have the charges dismissed.
The Scope of California Law
In the state of California, a misdemeanor DUI charge must be filed within one year from the date of your arrest. Most DUI cases in California fall under misdemeanors, which are considered less severe than felony charges. For felony DUIs, the prosecutor has a three-year window to file charges against you. Some exceptions to this rule may arise, such as when your DUI results in a fatality, giving the state additional time to file murder charges if deemed necessary.
Once you’re arrested, the complaint detailing the charges against you is typically filed promptly. Subsequently, you will receive a notice or summons to appear in court, marking the start of the DUI criminal process. At this point, an Orange DUI Lawyer from Chambers Law Firm can represent you throughout the case.
Exceptions and Your Right to File a Motion
There might be instances where your DUI charges are not filed, or you may never receive a summons. Under such circumstances, you could potentially file a motion to have your DUI charges dismissed altogether.
A motion is a formal request to a judge, usually made through your lawyer. If your right to a speedy trial has been infringed upon, your Orange DUI Lawyer may file a motion to dismiss the charges, arguing a violation of your constitutional right. This is commonly referred to as a Serna motion.
Serna motions are typically filed when over a year has elapsed since your arrest without charges being filed or an order to appear in court. The motion is anchored on your right to a speedy trial under the constitutions of both the United States and California. Following this, the burden is on the prosecution to justify the delay. If the state fails to provide a legitimate reason, the judge may dismiss the charges.
Need an Experienced DUI Lawyer?
Facing a DUI charge calls for expert legal representation. If you find yourself in this situation, reach out to Chambers Law Firm at 714-760-4088. Our team of attorneys is adept at defending clients facing DUI charges, including filing motions to dismiss based on violations of your constitutional right to a speedy trial. Call or email our office today to schedule a free initial consultation and let us advocate for your rights.
