If I’m going to court for a DUI and they have continued the case for over a year but I haven’t actually been convicted yet, do they have to drop this charge?

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If I’m going to court for a DUI and they have continued the case for over a year but I haven’t actually been convicted yet, do they have to drop this charge?

Asked on April 26, 2012 under Criminal Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless you have waived your Constitutional Right for speedy trial with respect to the DUI charge against you and have not been convicted yet, the charge does not get dismissed even though the case has been continued for over a year.

If you want your action brought to trial sooner rather than later, I suggest at the next court hearing that you refuse to waive time for trial. Once this has happened, the court is forced to set the matter for trial in a short time period.


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