DRUNK DRIVING (DWI/DUI) LAWYER IN BERGEN AND PASSAIC COUNTIES: A DEFENDANT'S SPEEDY TRIAL RIGHT WORKS!

A recent decision from New Jersey’s Appellate Division determined that a drunk driving (DWI/DUI) conviction must be reversed because the delay in prosecuting the case violated defendant’s right to a speedy trial.

The defendant was involved in a one car accident on May 18, 2007. As a result of a subsequent breath test, the defendant was later charged with drunk driving (DWI/DUI).  The defendant’s first appearance was on July 17, 2007.  At that time,  the case was adjourned at the request of the prosecutor and relisted for April 14, 2007.  On the second date, the state indicated that it had not given the defendant full discovery and, as a result the case was adjourned again.  Other trial dates were listed for September 14, 2007, October 9, 2007, and November 13, 2007.  All of those days were adjourned at the request of the government.  Ultimately, defendant’s attorney requested the court to list the case on a “try or dismiss” basis.  The municipal judge denied the request and rescheduled the case for December 4, 2007.  That date was adjourned because the arresting police officer’s unavailability and was relisted for December 18, 2007.  Although  some testimony was obtained on that day, the case was again adjourned to March 5, 2008.  On that day, the state was not prepared to continue.  The defendant was convicted on April 16, 2008, almost one year from the date of his arrest. 

In analyzing the issues of the case, the court concluded that the delay violated defendant’s speedy trial right and noted that New Jersey’s Supreme Court has implemented a policy that requires a quick disposition of DWI cases within 60 days.