DUI Defendants Have Right To Speedy Trial As Long As It Pleases The Court
- October 1, 2014
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Although Courts frequently force litigants into trials, especially driving under the influence (DUI) trials, for which their counsel is unprepared as a result of the state’s delay in providing discovery, frustration by repeated provision of incomplete discovery and most recently the inability to obtain discovery of full Alcotest records which are necessary to the preparation of a complete defense, the New Jersey Supreme Court ruled in State v. Cahill that speedy trial issues shall be decided on a case by case basis. On appeal, the NJ Superior Court Judge cited to Barker v. Wingo, decided in 1972, for the factors determining whether defendant’s right to a speedy trial was violated. The factors are: (1) length of the delay; (2) reason for the delay; (3) whether there was prejudice to defendant or the state as a result of the delay; and (4) whether the defendant asserted the right to a speedy trial at any time prior to the trial of the matter. The Superior Court held that the defendant, who waited a full 2 years from the date DUI charges were filed against him until he received a notice of a trial date in 2010, was deprived of his right to a speedy trial by the municipal court’s refusal to grant his motion to dismiss the charges. The Superior Court Judge’s decision was upheld by both the NJ Appellate Division and the NJ Supreme Court. DUI/DWI in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on driving under the influence, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.