Blog Category:

Driving Under the Influence (DUI)

9/28/2009
Kelly L. Rooth, Shareholder
Comments (6)

Don't Miss Your Speedy Trial Deadline in Defending Your DUI Charge!

Florida law provides that a person charged with a misdemeanor must be brought to trial within 90 days of arrest.  If trial does not begin in 90 days, the defendant can file a notice of expiration of speedy trial. The court must hold a hearing on the speedy trial issue and may then order trial within ten days.  If trial does not occur in ten days, the defendant can then be discharged from the crime. 

In Thomas v. State, Hillsborough County Circuit Judge William Fuente affirmed the trial court's decision that the defendant charged with driving under the influence did not waive his right to speedy trial by being silent when his trial date was set after the expiration of the speedy trial period.  In other words, the defendant's silence did not constitute a waiver. 

However, the court went on to reason that because the defendant did not file a notice of expiration of speedy trial before the day his trial commenced, he abandoned the issue.  Judge Fuente held the trial court correctly decided that the defendant could not be discharged from the DUI and affirmed the judgment and conviction. 

If you have questions about your right to a speedy trial in your criminal case, contact St. Petersburg criminal defense attorneys at Rooth Law Group today for a free consultation.

Labels: attorney criminal defense driving under the influence DUI Florida crime lawyer Pinellas right to speedy trial speedy trial St. Petersburg

The Rooth Law Group represents clients throughout West Central Florida, including:
Pinellas County: St. Petersburg, Clearwater, Gulfport, Largo, Pinellas Park, Indian Rocks Beach, Kenneth City, Madeira Beach, Seminole, Redington Beach, Oldsmar, Tarpon Springs, Odessa, Safety Harbor, Holiday, Spring Hill, Hudson, Zephyrhills, Dunedin, Belleair Bluffs, Belleair Beach, Palm Harbor, Treasure Island, Indian Shores, Tierra Verde, Bay Pines, Belleair Shore, South Pasadena, Crystal Beach, Pasadena.

Hillsborough County: Tampa, Apollo Beach, Brandon, Carrollwood, Dover, Gibsonton, Lithia, Lutz, Northdale, Palma Ceia, Pebble Creek, Plant City, Riverview, Ruskin, Seffner, Sulphur Springs, Sun City, Temple Terrace, Thonotosassa, Town n' County, Valrico, West Chase, Wimauma, Ybor City.

Pasco County: New Port Richey, Dade City, Gulf Harbors, Hudson, Land O' Lakes, Odessa, Port Richey, Saint Leo, Shady Hills, Trinity, Wesley Chapel.

Manatee County: Bradenton, Anna Maria, Holmes Beach, Ellenton, Longbeach, Longboat Key, Manatee, Palmetto, Parrish, South Bradenton, West Bradenton, Whitfield, Whitney Beach.
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6 Comments to "Don't Miss Your Speedy Trial Deadline in Defending Your DUI Charge!"

just be careful people they are getting stricker with these laws every day.
Posted by Cash advance on June 24, 2010 at 06:24 PM
This is my first time i visit here. I found so many interesting stuff in your blog especially its discussion. From the tons of comments on your articles, I guess I am not the only one having all the enjoyment here! keep up the good work.
Posted by Term Papers on June 18, 2010 at 06:38 AM
Well, the article is actually the freshest on this worthy topic. I agree with your conclusions and will eagerly look forward to your forthcoming updates. Saying thanks will not just be adequate, for the exceptional lucidity in your writing.
Posted by Term Papers on May 20, 2010 at 10:11 AM
Driving while under the influence of alcohol is such a big risk. You may be involve in an accident and worst lose your life. Beware.
Posted by Forex trading on May 18, 2010 at 06:09 PM
Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets
Posted by paper writing services on April 29, 2010 at 09:21 AM
Driving while under the influence of alcohol is such a big risk. You may be involve in an accident and worst lose your life. Beware.
Posted by Write My Essay on December 4, 2009 at 07:28 AM

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ST. PETERSBURG
4399 35th St. N.
Suite 322
St. Petersburg, FL 33714
Phone: (727) 797-9600

TAMPA
601 N. Lois Avenue
Tampa, FL 33609
Phone: (813) 333-6517

NEW PORT RICHEY
8212 Massachusetts Avenue
New Port Richey, FL 34653
Phone: (727) 232-3912

SEMINOLE
Seminole Mall
11201 Park Boulevard
Suite 21
Seminole, FL 33772
Phone: (727) 797-9600

Call 24/7 | 727.797.9600 | 813.333.6517 |727.232.3912

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