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I was in court for my DWI trial in 11/10, I waved right to a jury, the prosecution had a hard time finding any evidence.

Grand Island, NY |

The judge seemed in awe about it, so he ended court, no verdict was met, now almost three months later, I have not heard anything at all. Friend of mine ran my license and it says I still have a pending case about the DWI, but technicaly I already had court. How long does a judge have before my case has to be dismissed?

Attorney Answers 5


What did the attorney who conducted the defense on your behalf say ? I assume you had an attorney, because no one would be foolish enough to try a serious case on their own without the benefit of counsel.

If not, get one. I have never heard of anything like this, even in a local criminal court, in over 23 years.

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No offense but your story seems a little strange. I suggest you call the court ASAP and make sure the case is not still pending. If there was a trial as you say, the judge may or may not have issued a decision. If a decision was made you can get a Certificate of Disposition from the court (by calling and asking for one) that would indicate how the case was resolved. I would call the court and make sure you have not missed an appearance because the judge could issue a bench warrant on you for failing to appear.

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In People v. Morgan [2010 NY Slip Op 20520] decided on December 15, 2010 by the Appellate Division 2nd Department the court stated that:

“In a nonjury case, a trial court must render a verdict within a reasonable period of time (CPL 350.10 [3] [d]; 360.55; People v South, 41 NY2d 451, 454 [1977]). "There is no specific number of days within which a court must render its verdict" (People v Santana, 232 AD2d 663, 663 [1996]), and the determination whether the delay is unreasonable "turn[s] largely on the circumstances of the individual case," the most salient of which are whether the court issues a written decision, the complexity of the issues of fact and law, and the nature and quantity of the evidence to be reviewed (South, 41 NY2d at 454; see also Santana, 232 AD2d at 664; People v Francis, 189 AD2d 822, 823 [1993]).”

In In People v. Morgan -which involved a DWI charge- the court went on to rule “that under the circumstances presented, we are of the opinion that the judgments must be reversed and defendant's motion to dismiss the accusatory instruments granted, as the 72-day delay in rendering a decision was unreasonable (see CPL 350.10 [3] [d]; 360.55; South, 41 NY2d 451).” See a copy of the decision @:

I strongly suggest that you contact your attorney rather than the Court. He or she may be letting the time build up to strength any motion to dismiss the accusatory instrument based upon any delay in rendering a verdict.

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I would like to note that your attorney may want to consider making the motion now before any decision is rendered. Thus, a call to your attorney would be in order at this time to discuss such a posttrial motion being made.

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You should have a return date for the judge to render a decision. If you do not know your date contact the court or your attorney and get the date and appear for the judge's decision. Generally speaking there is no hard rule in how long a judge can take to render a decision.

Good Luck-

Carl Spector

Note: For informational purposes only.

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