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At the court hearing for a DWI, the clerk of court told me the ticket was not in the system. What should I do?

New Orleans, LA |

Since the ticket was not in the system, should I contact the clerk of court or do nothing?

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Attorney answers 1


If a ticket for a DWI charge has not been sent to the court by the police or the court has not docketed it properly, then this mistake can weigh in your favor. When the police fail to prosecute a case in a timely manner or the court fails to schedule a case for trial in a timely manner, a motion can be filed to dismiss the tickets due to a speedy trial violation. Each state has its own case law interpreting how much time constitutes a speedy trial violation. Your best bet is to consult an attorney for advice concerning such a defense in your state.

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