Legal Question in DUI Law in New Jersey

Requirement for speedy trial

A friend was charged with dui in 6/00. The case was scheduled for trial on 9/00. The state adjourned case and it disappeared until 1/01 when it received a new trial date of 2/23/01. The trial is 9 monthes after the initial charge. Are there any additional defenses that can be raised by virtue of this extended delay?


Asked on 1/13/01, 9:17 am

1 Answer from Attorneys

Allan Marain Law Offices of Allan Marain

Requirement for speedy trial

The answer is probably "no." Generally speaking, speedy trial defenses look at four factors: The length of the delay, the reason for the delay, whether the defendant demanded a speedy trial, and whether the ability to present a defense was impaired by the delay. No one factor is absolutely determinative although, of all the factors, the last one weighs most heavily. In the absence of prejudice, New Jersey courts quite uniformly hold that a nine-month delay, standing alone, does not give rise to a dismissal on speedy trial grounds.

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Answered on 1/29/01, 7:10 am


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