Q: Does rule 8 of criminal procedure apply to DUI/DWI cases in Arizona?
I was pulled over for suspicion of DUI in late January and was released from jail the following day. I was charged with the DUI in September.
A:
Yes, Rule 8 applies; however, this is different from the statute of limitations. The statute of limitations is the time the prosecutor has to file charges whereas Rule 8 involves your right to a speedy trial after charges are already filed. For a misdemeanor DUI the prosecutor typically has up to one year to file charges. This is an oversimplification, but Rule 8 generally requires trial to be held within 6 months once a trial is requested.
I did a short video on this on my YouTube channel:
https://youtu.be/ajh5eC0Iu4U
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