2nd oui, in Massachusetts, have not had trial yet as it has been delayed. I have been involved in the program and attend meetings regularly and have already attended a rehab. Can the judge overrule this and dismiss my case.
This is a question for your attorney. This is a serious charge with likely jail time (usually suspended) and a complex trial. It's impossible to believe you don't already have an attorney, but if you don't, you need one immediately. That lawyer will be able to answer your question after going through the file.
In general, you have to be brought to trial within 1 year of arraignment. That doesn't mean that on day 366 the case is automatically dismissed. Calculating the time is shockingly complicated and there are tons of exceptions.
Whose delaying the trial, you, the Prosecutor, the Court? It makes a difference if:
1. your attorney is filing motions or asking for continuances; 2. the Prosecutor is waiting for missing witnesses; 3. The Court has a crowded calendar and cannot reach your case. Unless there is something seriously wrong with the case, it will not be Dismissed simply due to delays. The Court cannot Overrule and Dismiss a case without just cause.
10 months will not be enough time for dismissal on speedy trial grounds. It’s actually a complex issue that involves an analysis of each continuance and the reason for the continuance among other issues. This is a matter that needs to be discussed in detail with an attorney. An OUI 2nd is a severe charge with mandatory sentencing. Look for the best fit for an attorney and go from there.
This is not intended as legal advice and does not create an attorney-client relationship.
Rule 36 allows for dismissal if you case has been continued over your objection. In other words, if you request a trial and the prosecution is not ready and case keeps getting continued over your objection for a year after your request for trial then a judge can dismiss your case.
However, a year is not uncommon for a case to get to trial.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline