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Orange County DUI Charges Dismissed after Statutory Period Passes

By Walin & Klarich

DUI dismissed when lawyer withdraws waiver of time and defendant is not brought to trial within statutory period In a recent Orange County DUI case it was decided that the defendant be able to have his case dismissed because the court did not have his case tried within the statutory period. In this case the defendant?s lawyer originally appeared in court and ?waived time? which would have allowed the District Attorney to have defendants case go to trial outside the statutory period. However, a few days after the lawyer ?waived time? he sent a letter to the court and the District Attorneys office ?withdrawing? his time waiver. After the time had run to bring the defendant to trial, the defendant?s attorney made a motion to have the California DUI charges dismissed because the trial had not gone to trial within the statutory period...continue to full post

Full post as published by Southern California Criminal Defense Blog on November 04, 2008 (boomark / email).