Legal Question in Criminal Law in New York

showed up for arraignment today

went to court for dwi ticket the court never recieved paper work from arresting officer is there a time limit for him to sumit this paper work?how long can they post pone araignmet?


Asked on 7/07/08, 6:36 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: showed up for arraignment today

They have two years from the date of the commission of the offense to file the case in a court of law.

Thereafter the case can be dismissed for a violation of a statute of Limitation. After Filing they have to arraign you and once they do they have 90 calendar days to prosecute you or they violate the statutuory speedy trial clock.

DWI is a traffic misdemeanor but I do not see any language that tolls or lessens the periods I have stated above.

BTW DWI is a very serious crime and can cost you dearly in insurance, inablility to travel outside of the USA and in job searches. Do yourself a favor and retain a good lawyer who knows his DWI law to represent you. Although expensive to retain a good lawyer, it will be money well spent.

Good Luck

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Answered on 7/07/08, 10:54 pm


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