Search This Blog

Friday, January 8, 2010

IN NEW JERSEY DELAYING A DWI TRIAL FOR 344 DAYS REQUIRES DISMISSAL OF THE DWI

 In the most recent New Jersey Appellate Division decision of State v. Tsetsekas, the Court held that a delay of 344 days in bringing defendant to trial on charge of driving while intoxicated (DWI) violated defendant's speedy trial rights, thus requiring reversal of conviction; delay was more than five times the stated objective, delays were numerous, mostly avoidable, largely unexplained, and caused by State's failure to be ready to proceed, which caused disruption of defendant's everyday activities, the consumption of time and money, and emotional anxiety and uncertainty, resulting in more than minimal prejudice to defendant. U.S.C.A. Const.Amend. 6.

No comments:

Post a Comment