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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14873
Experience:  L.LB (UOVS)
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I have a court date for a DUI offence. I was only tested 2

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I have a court date for a DUI offence. I was only tested 2 hours after my initial arrest and have yet to see my blood results - I am sure that they will be ok but I connot afford a criminal record on my name ? I would like to know if I need to consult or take a lawyer with to my first court appearance ? 1 weeks time?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.

Do you mean to say that you have only been tested more than two hours after your arrest, or within two hours of your arrest?
Customer: replied 1 year ago.


As per my records I was arrested at 8pm ( this is the time my tracker device in my car switched off) and I was only blood tested after 10 pm.


 

Expert:  WCLawyer replied 1 year ago.
On the first appearance, very little happens. The court will basically inform you of your rights to an attorney of your choice, or to appoint a Legal Aid attorney if you cannot afford your own or to represent yourself.

The court will also inform you of your right to obtain copies of the docket.

After that, the court will then remand the matter to another date to give your attorney an opportunity to come on record.

I suggest that if you want to appoint an attorney, that you obtain the case number XXXXX the prosecutor to assist your attorney later on to get information on your case.
So there is nothing dramatic that is going to happen on your first appearance and you do not need the assistance of an attorney.

I also suggest that you do appoint an attorney for the trial (not necessary for the first appearance), since the blood results would not be admissible due to the fact that your blood have only been taken more than two hours after your arrest. You may, therefore, have the charges withdrawn once an attorney makes written representations on your behalf based on that technicality and escape a criminal record.

I hope this answers your question, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX question, will they have the results of the blood test at the first appearance, as if they are under the limit then this would again negate the need for further action?

Expert:  WCLawyer replied 1 year ago.
It is difficult to say. If the incident happened fairly recently, then I doubt that the results will be available. It normally takes about three to six months for the results to become available and sometimes, it takes even longer than that.

The State, in some provinces, have not started to set the date for the first appearance three months or more in the future in an attempt to have the blood results ready at the first appearance. If this is not the situation in your case, then most probably the answer to your follow up question would be 'no' and the matter will then be postponed for a month or more in anticipation of the blood results.

You are quite correct. If the blood results show that your blood alcohol level is under the limit, the State will most probably withdraw the charges against you tomorrow.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14873
Experience: L.LB (UOVS)
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