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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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I got a DUI back in July a went to court 4 time and each time

Resolved Question:

I got a DUI back in July a went to court 4 time and each time there was no blood test per the prosecutor they stated "we have order it several times but no results" four months later my lawyer stated it came back a .13 over by .5 legal being .8. I go to court tomorrow should I bring up the validity of the suddenly appearing test to the judge or would this offend him/her????
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 4 years ago.

-Could you explain your situation a little more?
Is tomorrow a trial?

Are you still represented by an attorney?


Customer: replied 4 years ago.
Yes I am represented be an attorney I had an accident and got a dui I have not seen my test am only trusting my lawyer but when I ask was this the norm to take 4 months for test results all he stated was highly abnormal?????
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - I'm still not sure if tomorrow is the actual trial but if it is you will not be able to ask the judge anything since I seriously doubt that your attorney would put you on the stand to testify. If there is an issue as to procedure your attorney will be the one to raise it to the court. What concerns me is the time this has taken and why there wasn't a motion to dismiss for denial of a speedy trial. Obviously I do not have access to the case file and I don't know what motions, if any were filed by your attorney and therefore I certainly cannot criticize what your attorney has done or not done to this point. I would assume your attorney will raise the issue of the time it has taken and possibly ask the court to throw out the test due to the questionable nature of the entire process. I would assume the judge would already know how long all this has taken since he will have the court file.
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