Court Swears Off Bright-Line Rule For Speedy Trials in DWI Cases

, New Jersey Law Journal


Drunken driving cases need not be tried according to a strict time line to protect the defendant's constitutional rights, the New Jersey Supreme Court rules.

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What's being said

  • James Patuto

    Meanwhile the AOC is pushing the municipal courts to dispose of all DWI's in 60 days, including third offenses which carry a mandatory jail sentence. It is difficult to get full discovery in 4-6 weeks, and a competent defense can rarely be prepared within 60 days. The AOC steps outside of the Court Rules and case law to establish this fiat, which has no efficacy except ,in their perception , to assuage the public. If the state can gain a 16month delay in prosecution, certainly justice demands that a defendant not be held to an untenable time constraint.

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