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In July 2014 I was arrested on common law DWI attained on…

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In July 2014 I...
In July 2014 I was arrested on common law DWI attained on this charge August 2014 a blood test was taken so we demanded the results after several appearances with no certified results in January of 2015 we filed a motion under 3030 it was set to be heart in June of 2015 four or five day prior to the date of the heàring of the 3030 motion I was severed with a ticket for DWI with point 08 with blood test and was set to be arranged on the same day of the hearing of the 3030 app airing for the hearing their was some arguments heard regarding said motion and was aggerned to obtain minute of previous appearances to determine time but was never arraigned on DWI 08 blood charge with still no certified blood test results their was a unsighen in certified memo give to defence for a blood level of.11 after Nemours appearance in December of 2016 it was set for trial just prior to said trial my attorney request transcripts of the supposed attainment in 2015 put was returned with a letter that the transcript s were lost for that date we then on the date moved to have the blood and blood charge removed from trial become it was past the statue of limitations 2 years this request was denied at this point I terminate dy lawyer to stop the trial becouse he was unprepared to proceed but at that time I on the record without attorney area in red on blood charge with my objections it was returned for trial in July 2017 we're I was found guilty of DWI.08 blood and not guilty of common law DWI was the charge of DWI.08 blood barred due to statue and should of blood been inamissable
Submitted: 11 months ago.Category: Criminal Law
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Answered in 26 minutes by:
7/30/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,426
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post, but unfortunately, it has so many typos that it's very confusing. Additionally, there are other questions, the answer to which I need to know. Please answer all of the following.

How many DWI cases are you talking about here, one or two? Did the judge ever rule on the speedy trial motion in the first case? If not, why not? Were you going to trial on the first or second case? Was the blood test taken within two hours of your arrest? How long after your second DWI was that new case filed with the court?

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Customer reply replied 11 months ago
This was one case, the judge never per sa made a decision on the 3030 motion because attorney withdrew before it was completed the first charger was filed common law DWI on arresting day it was two years and five months in the added DWI when I was arraigned on that charge but was arriving from the first charge but now being supported by a blood test the court denied every motion because he claim was arraigned timely
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

The statute of limitations defines when a case would be considered too old to be filed with the court. Once the case has been filed with the court within the statutory period, the statute of limitations is satisfied and no longer applies.

Looking at your timeline, I don't see a statute of limitations issue here. As to whether the blood test was inadmissible on other grounds, that may be a different story as there are numerous irregularities in this case. But I don't have the court record so I'm can't give you a definitive answer.

You do need a criminal lawyer who handles post-conviction matters to unravel this very messy case and see if there's an issue for appeal, because somebody dropped the speedy trial ball and if there is no statute of limitations issue, there is still the speedy trial and ineffective assistance arguments that may be viable.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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