Under both the New Jersey and Federal Constitutions, defendants charged with DWI have numerous rights, including the right to a prompt resolution of the charges against them. Thus, if the State violates a defendant’s right to a speedy trial, the defendant may be able to argue for the dismissal of any pending charges or for a verdict to be vacated. Recently, in a New Jersey DWI case, the court set forth the standards for determining whether the defendant has been deprived of the constitutional right to a speedy trial. If you are charged with DWI, it is in your best interest to converse with a New Jersey DWI defense attorney to assess what rights you may be afforded under the law.
Factual History of the Case
It is reported that the defendant was stopped due to an improper lane change in December 2017. When the police officer that stopped the defendant spoke with the defendant, he noticed she smelled of alcohol. The defendant underwent field sobriety tests, which she failed. She was subsequently charged with DWI. She invoked her right to a speedy trial at her first court appearance later that month. After several hearings, a trial date was set for October 2018.
However, allegedly, when the trial commenced, the police officer that conducted the stop was not present. Thus, the defendant moved for dismissal of the charges due to the violation of the defendant’s right to a speedy trial. The court denied the defendant’s motion, and the trial was rescheduled for December 2018. The defendant ultimately pleaded guilty to her charges and was sentenced as a third time offender. She then appealed her conviction arguing, in part, that her right to a speedy trial was violated. Continue reading