New speedy trial DWI case comes down from the Appellate Division
The Appellate Division came down with an important decision last week regarding a drunk driving case in North Brunswick, New Jersey. The Court vacated a DWI conviction which came three and a half years after the defendant was charged with drunk driving. The Court found this to be a violation of the defendant's Sixth Amendment right to a speedy trial. In the opinion, State v. Iskander, the Court found the lenghty delay to be largely the fault of the Municipal Court judge and the prosecutor. The case was stayed while the arresting officer served 13 months on military deployment but the rest of the delays were based on the State's failure to provide discovery and the Court's faulty scheduling practices. The defendant entered a conditional plea of guilty pending his appeal based on a denial of his right to a speedy trial. This appeal was heard in Middlesex County Superior Court and denied. As a result, the defendant's counsel appealed this denial to the Appellate Division and was ultimately successful.
