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  #1  
Old 12-27-2006, 01:36 PM
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Winner, winner chicken dinner- hopefully


What is the name of your state? texas

I have a friend that was able to get the dui evidence supressed. Both the state and his attorney have completed their written facts of findings and conclusions of law; 3 months ago. However the judge has yet to give his final written facts of finding and conclusions of law. Although he did make them on transcript during the hearing. My question is: How long can the judge delay and when does the 15 days that state has to appeal begin running. After the hearing or after the judge submits a written facts of finding conclusion of law? In February, it will have been 2 years since the stop. If the judge lets the statute of limitations run out will the arrest still remain on the record? If so, can it be expunged?

Last edited by Harry Bun; 12-27-2006 at 02:23 PM.
  #2  
Old 12-27-2006, 02:08 PM
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Quote:
Originally Posted by Harry Bunghole View Post
What is the name of your state? texas

I have a friend that was able to get the dui evidence supressed. Both the state and his attorney have completed their written facts of findings and conclusions of law; 3 months ago. However the judge has yet to give his final written facts of finding and conclusions of law. Although he did make them on transcript during the hearing. My question is: How long can the judge delay and when does the 15 days that state has to appeal begin running. After the hearing or after the judge submits a written facts of finding conclusion of law? In February, it will have been 2 years since the stop. If the judge lets the statute of limitations run out will the arrest still remain on the record? I so, can it be expunged?
Harry,
I'm terribly sorry, but I understand and am informed that the contest has been suspended many months ago, so your entry is not timely.

Your "Friend" should consult their attorney as that is their best source of information based on the facts of their case.
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  #3  
Old 12-27-2006, 02:55 PM
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Timely? he received no notification that the contest has been suspended nor does his file indicate any suspension?

Does anyone know how long a judge can sit on a case without doing anything after a granted motion to supress hearing? The case has not officially been dismissed nor have any further proceedings been set up. The evidence was supressed by the judge in the hearing but he has yet to put it in writting. Has anyone ever heard of such a thing?
  #4  
Old 12-27-2006, 06:08 PM
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Quote:
Originally Posted by Harry Bunghole View Post
Timely? he received no notification that the contest has been suspended nor does his file indicate any suspension?
Hairy,
Chicken dinner wasn't one of the prizes anyway and the cancellation of the contest was months ago.

Your other quesition was already answered.
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