A defendant charged with driving while intoxicated (DWI) moved for dismissal arguing he was denied his statutory right to a speedy trial since prosecutors were not ready for trial within 90 days as required by New York Criminal Procedure Law §30.30.
The New York County Criminal Court granted a hearing to establish if prosecutors met their burden to show exceptional circumstances in that the arresting officer was unavailable due to medical reasons. The court ruled the officer’s testimony was material to the DWI case, concluding prosecutors sufficiently demonstrated the officer’s unavailability for over six months.
It also found prosecutors sufficiently established that they exercised due diligence in attempting to secure the officer’s testimony, noting the officer became available within a reasonable period. Therefore, the officer’s unavailability constituted exceptional circumstances and was counted as excluded time. Defendant’s motion to dismiss the DWI case was denied.
If you need experienced New York DUI Attorneys to help with your drunk driving case, call us at 585-484-7432.
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