I received a DUI and have hired an attorney already but am concerned about his competence. We have had the court date pushed back 4 times (from jan to April) because he says he has higher priority cases. Is the delay good? Bad? Will it work for me or against me? Date of incident is 12/24/12. Originally I was charged with a DUI only but now my lawyer told me they are charging me with a DUI in a school zone (he told me that in the beg. of jan) but all mail I get from the court still says violations 39:4-50, 39:4-97, 39:4-88B. How do I determine if what he's saying is correct? All answers are greatly appreciated.
Get in touch with your attorney to answer your questions and address your concerns. It is not uncommon to have multiple court appearances on cases as serious as yours. As to what impact the multiple court appearances will have, again you need to talk with your attorney. Put your requests in writing so you have a paper trail and document when you contacted them. The school zone makes the DWI penalties more severe if convicted. Good luck with your case.
The State has 90 days to charge you with a school zone violation. If your lawyer does not know this, then find a new lawyer. Now with regards to the delay. Delay can be a good thing. Many good lawyers have cases which are 4 to 8 months old. My oldest case is almost 600 days old, but that is because we had some appeals to the Appellate Division in that case. Feel free to call me at 732-286-2700 to discuss your case in detail.
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