Legal Question in DUI Law in Washington

Re: Right to a speedy trial

The following has been excerpted from the court opinion in State v. Gregory, 104 Wash.App. 1005, 104 Wash.App. 1005 (Wash.App. 01/05/2001)and should answer your question. There is another manner in which the speedy trial clock is tolled that the court did not address: failure to appear at a scheduled hearing.

A defendant released from jail must be brought to trial no later than 90 days following the date of arraignment. CrR 3.3(c)(1). The sanction for not meeting this deadline is dismissal with prejudice. CrR 3.3(i). But the speedy trial period may be tolled or extended in one of several relevant ways.

First, the defendant may waive his speedy trial rights, thereby tolling the speedy trial clock until the waiver expires. CrR 3.3(g)(3); CrR 3.3(h)(1); State v. Helms, 72 Wn. App. 273, 276-77, 864 P.2d 23 (1993). Second, the trial court may grant five-day extensions when it is not possible to begin trial on the scheduled date due to 'unavoidable or unforeseen circumstances' if the delay will not cause the defendant substantial prejudice; the court may grant this five-day extension even if it extends trial beyond the speedy trial period. CrR 3.3(d)(8).*fn2 Third, the trial court may grant a continuance 'when required in the administration of justice and the defendant will not be substantially prejudiced.' CrR 3.3(h)(2).*fn3 These extensions and continuances have the similar practical effect of delaying expiration of the speedy trial period. State v. Greene, 49 Wn. App. 49, 54, 742 P.2d 152 (1987).

CrR 3.3 places the responsibility of ensuring compliance with the speedy trial rule on the court but requires the defense to shoulder some of the burden. See CrR 3.3(a). A defendant who fails to object within 10 days of receiving notice of a trial date set outside the speedy trial period waives his speedy trial objection. CrR 3.3(f);*fn4 see also Raper, 47 Wn. App. at 538. Further, if a defendant fails to makes his speedy trial objection before the speedy trial period expires, thereby giving the court the opportunity to avoid a speedy trial violation, he waives the objection. State v. Malone, 72 Wn. App. 429, 433, 864 P.2d 990 (1994); see also State v. Becerra, 66 Wn. App. 202, 206, 831 P.2d 781 (1992) (noting defense waived speedy trial objection by failing to raise issue when violation could have been avoided); State v. Austin, 59 Wn. App. 186, 200, 796 P.2d 746 (1990) ('A tardy reliance on speedy trial rules cannot justify a dismissal.').