UPDATE – As reported by PWInsider, the motion was approved by the court and the hearing has been postponed to January 18, 2023.
The attorney for Jeff Hardy has filed a motion to once again postpone Hardy’s pre-trial hearing for his DUI arrest back in June.
The motion was reportedly filed this morning (December 19) ahead of the hearing scheduled for Wednesday, December 21.
Via PWInsider, the motion included the following:
UNOPPOSED MOTION TO CONTINUE PRETRIAL CONFERENCE
Defendant, Jeffrey Nero Hardy, moves to continue the pretrial conference scheduled for December 21, 2022, and in support states:
1. Mr. Hardy is charged by Information with one count of Driving in Violation of Driver’s License Restriction; one count of Driving While License Canceled, Suspended or Revoked; and one count of Driving Under the Influence (third offense) .
2. Efforts to resolve the matter by plea agreement have yet to be successful.
3. The State of Florida provided discovery on October 31, 2022 in the form of maintenance records related to the Intoxilyzer 8000 used in this case.
4. Defense counsel requires additional time to examine perceived anomalies reflected in the maintenance records and depose the law enforcement witness responsible for Intoxilyzer maintenance.
5. Undersigned counsel has conferred with Assistant State Attorney Amie Assent, Ms. Assent does not oppose the relief sought by this motion.
6. Undersigned counsel respectfully suggests a continuance of the pretrial conference for approximately forty-five (45) days is appropriate.
PWInsider notes that if the motion passes, the hearing would likely be rescheduled to February 2023.
It would be the fourth time the hearing has been pushed back. It was originally scheduled for July, then for October, then for November 18, then for December 21.
On the first occasion, his attorneys waived his right to a speedy trial and requested for the hearing to be pushed back 60 days.
Then, before the scheduled hearing in October, Hardy’s attorneys filed a “last-minute” motion saying the attorneys had “recently provided extensive mitigation materials to the counsel for the State”, adding “The parties require additional time to negotiate a potential pretrial resolution”, which would imply that the two sides were working on an agreement that would prevent a trial.
That resulted in the hearing being scheduled for November 18, but, Hardy’s defence filed for a continuance, and the pre-trial hearing was then moved to December 21.
Hardy was arrested at 9:54am on June 13 for three charges:
- Violating Restrictions Placed on Driving License
- Driving While License Cancelled/Suspended/Revoked
- DUI Alcohol/Drugs third offense within 10 years
Hardy’s two blood-alcohol tests after his arrest came in at 0.294 and 0.291. The legal limit in Florida is 0.08, which means Hardy was at 3.7 times the legal limit.
Hardy filed a written ‘not guilty’ plea on June 28.
Hardy was suspended by AEW following his arrest and has yet to return as this situation is still ongoing.
Recent comments from his brother Matt Hardy are positive and point to Jeff being in good condition.
We’ll continue to keep you posted with any further updates.
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