Boston, MA asked in DUI / DWI and Car Accidents for New Hampshire

Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
  • Criminal Law Lawyer
  • Baton Rouge, LA

A: Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy trial.

Leonard D. Harden
Leonard D. Harden
  • DUI & DWI Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

A: All cases are entitled to a speedy trial but the reality is to win based on a denial there is a difficult almost impossible test.

The Superior Court speedy trial policy is set forth in the Superior Court Rules. The policy incorporates the four-part speedy trial analysis of Barker v. Wingo, 407 U.S. 514 (1972): (1) the length of the delay; (2) the reason for the delay; (3) the defendant’s assertion of his right to a speedy trial; and, (4) the prejudice to the defendant caused by the delay. State v. Brooks, 162 N.H. 570 (2011).

The superior court policy provides that the State has six months to bring an unincarcerated misdemeanor defendant to trial from the time the charges are filed, nine months for an unincarcerated felony defendant, and four months for an incarcerated defendant.

The starting point in the speedy trial analysis is when the defendant is arrested or charged. Humphrey v. Cunningham, 133 N.H. 727, 734 (1990).

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