when do I get a court date

was arrested for D.W.I. in Texas a year ago and still have not received a court date. How long do they have to set a court date?

You might want to call the Clerk of the Court and check, you may have already missed it.

I call every 2 weeks and they tell me "nothing yet". How long can they drag this out? Doesn't the right to a speedy trial act apply somehow. Thanks in advance for your help.

I dont know for sure about Texas law,but here in Pa.,if one side or the other has requested a continuance on the case for whatever reason.....your clock starts all over again.If you have never been given a court date at all,then they have 180 days to get you in for a prelimminary hearing,unless you waved that too,then they have 365 days from that waver date to get you in front of a judge. If you never had a prelimminary hearing....then they have 180 days to formally arriagn you,or let you go.

There was never a continuance and the only time I went to court was about ten days after it happened (prelimminary I guess) and nothing since. The preliminary I thought was more about my D.L. being suspended since I never blew or gave them a blood sample. So now what do I do?

Pray that they keep saying "nothing yet". And if you haven't done so already, EVERY time you call.....write down the date, time and name of the person you talk to. Of course you can always go the route of getting an attorney. Problem is, hard to find one that's trustworthy....I'm really surprised they haven't set a court date yet. What city/town in Texas are you located in?

It was in Collin County

If you never blew into the machine,or gave blood(as long as you didnt refuse to give it),then they have no charge against you.
If you refused,you are automatically guilty in most states.If they simply never tested you in any way.....then they can charge you all friggin' day......they have no case,and it will be dismissed before you even go to a court room.

Humble warrier... I'm from PA. About a year and a half ago my ex husband got a dui. After a bit he went in and i think he waved his right to a hearing..He hasn't heard a thing since.. He never did get a lawyer. And he has never recieved a letter stating about a continuance. Is it safe to say now that they can't prosecute him? He did recieve a dui back in late 1989 or early 90. So this is his second. After this long of time does the first one not exist. Or can they add it on and make it his second offence..Sorry for asking so many questions..you seem very knowledgable..and i really appreciate if you could help me. Thx.. LisaB.

I don't know about the state of Texas, but a year is far 2 long. If I were you, I would check to see if your license is suspended. Also, did you go through the DUI procedures? Did you blow into a machine? Where you given the opportunity to blow into a machine? Did you receive a criminal citation? If you were arrested for DUI, the officer would have certainly given you information regarding the process and what would be required of you in the near future. Is it possible you were to drunk to remember? Maybe you are calling the wrong court. There are different courts and different jurisdictions. What agency were you arrested by and what court does the agency submit citations to? You need to do a better follow up than "I called and the lady stated nothing yet" This is about you.

First, no I wasn't to drunk to remember what happened, and yes I'm calling the correct court. I refused the breath and blood test and my D.L. was suspended for 3 months. I did go to court on that and that was the only court date issued so far. I had a copy of the arrest report sent to me and the clerk noted on the cover page that one of the pages was missing, having never seen a police file before I don't know what page is missing. I am also still checking in with the bailbonds co. every week and they also haven;t heard anything eather. When I was arrested the police said I would receive instrutions and a court date by mail, it was the bail bondsmans idea to call every week. I don't want to raise any red flags, so I don't want to have any one start digging into this and have the courts realize someone screwed up and I fell through the cracks, untill it's to late for them to do anything.

Hey bud, I think you may have already fallen through the cracks. Click on the link below to read the Speedy Trial Act of 1974.

http://www.txwd.uscourts.gov/Rules/on-line/pdf/appen/appen-k.pdf

Lisabl said:

Humble warrier... I'm from PA. About a year and a half ago my ex husband got a dui. After a bit he went in and i think he waved his right to a hearing..He hasn't heard a thing since.. He never did get a lawyer. And he has never recieved a letter stating about a continuance. Is it safe to say now that they can't prosecute him? He did recieve a dui back in late 1989 or early 90. So this is his second. After this long of time does the first one not exist. Or can they add it on and make it his second offence..Sorry for asking so many questions..you seem very knowledgable..and i really appreciate if you could help me. Thx.. LisaB.

Click to expand...

Due to the fact he waived,this is called "Rule 1100" This in short,means that he waived his right to a speedy trial. He basicly gave them the right to hold this over his head for the rest of his natural life.In Pa,he MUST have an attorney in order to go to court/sentencing/trial,he can ask for a continuance THREE times.....afterwards he will also be prosecuted for "disobedieance of a court order". WELCOME TO PA!!!! Now you know why I fight so hard to have the laws changed in this state.

Hey Humble Warrior, tried to e-mail you but I see you have that option disabled. So I'll ask my question here, how are you going about trying to fight the existing laws to get them changed? I think all states are getting out of hand with their dwi laws.

Humble Warrier, thx for your help.. I know the first time he got a dui back in 89 or 90 he never got a lawyer..but they gave him ARD. So what about the first offence/second offence.. Since its been ten years, which is it considered to be? Isn't it odd its been over a year with no contact from them? I really appreciate all your help.. LisaB