Dui Case Dismissal Factors

Summary

The timing for dismissing a DUI case depends on various factors, including local laws and case specifics. In California, a misdemeanor DUI trial should start within 45 days if not in custody, or within 30 days if in custody, from the arraignment date. Delays must be unreasonable or prejudicial to dismiss a case. A delay in filing the ticket, like from Sept 10, 2023, to Jan 9, 2024, could be significant. Discuss this with your public defender, review the plea agreement carefully, and ensure your rights to a speedy trial are upheld.

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I got a DUI ticket on Sept * * on sept.* * my public defender wants me to sign a plea deal has it been long enough to get case dismissed
****, the timing for getting a DUI case dismissed can depend on various factors, including local laws and the specifics of your case. Generally, the right to a speedy trial is guaranteed, but delays must be unreasonable or prejudicial to potentially dismiss a case.
May I know your location to provide more specific information?
Needles ca
****, in California, the right to a speedy trial for a misdemeanor DUI typically means your trial should start within 45 days if you are not in custody, or within 30 days if you are in custody, from your arraignment date. Delays must be unreasonable or prejudicial to dismiss a case.

San Bernardino County Superior Court


Phone: (*) *-*
Address: * Mountainview Blvd, Basking Ridge, NJ *
Website: www.sb-court.org

Have you experienced any specific delays that you believe are unreasonable or have prejudiced your case?
I got ticket on Sept * * and the ticket wasn't filed until January * *
****, the delay in filing the ticket could be significant. In California, unreasonable delays might violate your right to a speedy trial. You should discuss this with your public defender.
Have you or your public defender raised this delay as an issue with the court?
Also I got my plea agreement sent to me by mail
****, receiving a plea agreement by mail is common. Here are a few points to consider:
- Review the plea agreement carefully with your public defender.
- Evaluate if the delay in filing your ticket could impact your case.
- Ensure your rights to a speedy trial are being upheld.
Have you discussed the terms of the plea agreement and the delay in filing with your public defender?
No not yet
****, it's important to discuss both the plea agreement and the delay in filing your ticket with your public defender. Here are a few steps you could take:
- Schedule a meeting with your public defender to review the plea agreement.
- Discuss the potential impact of the delay on your case.
- Ensure your right to a speedy trial is addressed.
Have you set up an appointment with your public defender to go over these issues?