Some criminal courts in the Rochester area are very busy, and the speed at which cases are processed may be very slow.
As with any criminal charge, a person charged with DWI is entitled to a speedy trial, and failure to provide the defendant with a speedy trial may lead to dismissal of the charge.
In practice, however, this happens in only a fraction of all cases because New York’s laws have many exceptions when determining whether a defendant has been denied a speedy trial.
For misdemeanor DWI charges, such as those faced by first time offenders charged with Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater, the prosecution must be “ready for trial” within 90 days of the defendant being charged.
For felony DWI charges, the time limit is six months. The actual trial, however, does not have to occur within this time period.
If the prosecution is ready but a trial is not conducted because the court cannot fit the trial into its schedule, this does not mean the DWI charge will be dismissed.
Instead, all that is required to avoid dismissal of the charge is that the prosecution be ready to conduct the trial.
Unfortunately for defendants, there are also several rules excluding certain time periods when calculating whether a case was ready for trial within the required amount of time.
Time that may be excluded includes any delay or adjournment consented to by the defendant, delay caused by the unavailability of evidence necessary to the prosecution, and delay caused by the unavailability of the defendant.
In many DWI cases, a defendant may actually waive his or her right to a speedy trial so that he or she can complete alcohol treatment.
Completion of treatment may result in a plea to a reduced charge or be considered by the court to reduce the possible sentence.
If you have been arrested for drinking and driving and need help, we are experienced DWI lawyers who can be reached at 585-484-7432.