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Can a case be dismissed based on repeated postponement due to the officer's vacation?

Erie, PA |

I was charged with a DUI several months ago and my case was due May 25 but it got postponed to June 22 and again to July 20 citing the reason that the officer is on vacation. I've talked to my lawyer and he said there was nothing we could do but wasn't convinced.

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Attorney answers 3


Because you have an attorney, others should not really give you advice. However, a case CAN be dismissed after it has been postponed too many times. It sounds as if it was only postponed once, on May 25. The other date June 22, just isn't good for necessary parties. That is not the same thing. I wouldn't expect it to be dismissed unless there are at least one or two more dates in which they are not read. In other words, you may not be convinced by your attorney, but he is correct.

Michael L. Doyle
(215) 735-5900


Once you demand trial the state has a set time limit to try you. If you agree to continuances that time does not run. The number of continuances is irrelevant. It is based on time.

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I would advise you speak first with your attorney about this matter. Generally, a case can be dismissed if the officer does not show up under the lack of prosecution rule. That rule allows a judge to dismiss a case due to repeated continuances by the District Attorney. Also, depending upon how many continuances have been given a speedy trial motion may provide victory as well.Good luck with your case.

D. Wesley Cornish, Esq. 215-558-9129

Answers to this question are for general purposes only and do not establish an attorney-client relationship or constitute legal advice

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