Call Now For Help

732.580.1237

New Jersey DUI-DWI Conviction Reversed on Speedy Trial Grounds

30
Jan
2010

by in Criminal Defense

In this recent NJ DWI appeal, the appeals court found that the 344 day delay of the defendant’s trial violated his right to a speedy trial.

State v. Christos E. Tsetsekas, ? N.J. Super. ?, 2009 N.J. Super. LEXIS 253 (December 14, 2009) -NJ DWI conviction reversed.

“Under the facts of this case, we conclude the extensive delay in adjudicating this matter, caused by the State’s repeated lapses in preparation, infringed upon defendant’s due process rights such that his conviction must be reversed and the charge dismissed….

Here, the 344 day dispositional period is more than five times the [ordinary 60-day guideline for DWI cases], and … the delays were numerous, mostly avoidable and largely unexplained…. The weight of the delay resulting from the reoccurring unavailability of the State Troopers, despite information that their appearance was required, falls on the shoulders of the prosecutor.

The State must be responsible to produce its witnesses when trial is called. We also consider significant the fact that the State did not discover its witnesses’ unavailability until the trial date, rather than securing their appearance ahead of time….

The repeated delays and unnecessary appearances due to the State’s ill-preparedness, which caused disruption of defendant’s everyday activities, the consumption of time and money, and emotional anxiety and uncertainty, add up to more than ‘minimal’ prejudice to defendant.” (Thomas S. Doerr)

  • //www.judiciary.state.nj.us/opinions/a1832-08.pdf

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.