Legal Question in DUI Law in Washington

Re: Speedy trial, municipal court

Persons out on bail or who have been released on their own personal recognizance have a right to a speedy trial within 90 days. (People held in jail have a 60-day speedy trial period.) The speedy trial period can be extended when (1) the defendant signs a speedy trial waiver; or (2) the defendant fails to appear for a hearing; or (3) the defendant (or the prosecution) requested and was granted a continuance by the court.

Washington State�s current speedy trial rule excludes the time between the date when a continuance is granted and the date of the next hearing after the continuance from the speedy trial clock. So if your friend�s public defender asked for a continuance, it could explain why the new trial date goes beyond 90 days after the arraignment date.

In my opinion, dismissals for speed trial violations are very rare these days. The new rule which came out a few months ago also allows for up to an additional 30 day �curing� period if the court is congested and if the prosecution hold a trial as soon as possible within the 30 days. So in practicality, the new rule makes speedy trial a 120-day proposition. This is similar to the speedy trial standards under the Federal and military systems.