Felony DUI

What is the name of your state? South Carolina

In august of 2002 I had an accident while driving. The passenger in the car died when the car turned up on the passenger side and they were partially ejected. My blood alcohol level at the time was .09. I also tested possitive for marijuana and cocaine.I was not speeding at the time of the accident, and it was raining very hard. The officer said that speed was not a factor, and that the passenger would have been fine if they had their seatbelt on. I told the arresting officer that I had done drugs two days prior to the accident, but hadnt done any since. I performed field sobriety tests,which I passed including standing on 1 foot, counting backwards, touching nose with eyes closed, and ABC's. The officer then checked my eyes and said my pupils werent following him. (as the paramedics removed my friend right next to him.) At the time of the accident the legal blood alcohol level in South Carolina was .1. I was arrested and charged with felony DUI. When released I retained a lawyer. I went for a pre trial hearing 2 weeks later, and they told me they didnt have anything on my case yet. Whenever I call my lawyer he keeps telling me the longer ther better, and to let him handle it. But it has been eating away at me constantly. It has ben over 3 years now without anything being resolved. My question is do I have to request a speedy trial, or is it a given that they should resolve this as soon as possible? What should I do?

Yikes.

Your lawyer is right - the longer the better. You have nothing to gain by kicking any sleeping dogs - and a heck of a lot to lose.

If it's eating away at you, consider doing some work for the poor, or becoming active in AA/NA. If you've been clean since then, maybe you can sponsor someone.

If they do eventually file on you, what you've done since then is the best evidence of whether you've changed your life.

BigMistakeFl

I remember trying to get my lawyer to get some answers and the waiting being the hardest part. Thing is, the court and prosecution does not care about you, and is apparently in no hurry. But three years is a long time. I think you deserve some answers. It's a real tragedy that your friend was killed and you were impaired. Remember, field sobriety tests are not as they appear. What you think you are passing may not be what is actually being tested at all.

I agree with the post above; be proactive in the community. Do some community service and track the hours. You may need to have that done in the penalty phase, if they prosecute you. AA would be a great idea too, to show that you are getting it together. I know a fellow who got a 2nd DUI and really did clean up. He never missed a meeting, was coherent for a change, became active in helping others. When his court date came, he was able to take letters from community leaders about all the great things he'd done, had signatures from AA meetings, etc. His penalties could have been far worse.

I have been active in NA since the accident.I have also Returned to college, and am scheduled to graduate in May with a BS in science. I havent drank or used drugs since the day of the accident. I have plans to go into medical research. That is if I am not convicted as a Felon. I hope that I will be able to find a job in the field with a record.

im dieng over not hearing for a month and half.... you must be going crazy. Stick with it man.