Arrest details:
The Client was arrested for DUI on September 18, 2013 and released on his written promise to appear with a scheduled court date of October 21, 2013.  On October 21, 2013 the District Attorney had not yet filed a complaint charging him with a crime.  On October 23, 2013 the DA charged him with DUI and, although they had no proof they had done so, claimed they sent Client a letter advising him he had a new court date on November 25, 2013.  Because the Client had no knowledge of the November 23, 2013 court date he did not appear and a warrant for his arrest was issued on December 13, 2013. On December 3, 2014 the Client first learned he had a warrant for his arrest when he was stopped for a traffic violation and placed under arrest for the outstanding warrant. The Client lived in the same location, a location known to numerous government agencies, during this entire time period. The Client came to us for help and we filed a motion to have the case dismissed for violation of his Sixth Amendment to the United States Constitution right to a speedy trial.

How we won:
The trial court agreed the Client’s Constitutional right had been violated by the prosecution’s failure to make any effort to bring the Client before the court and dismissed the case.

Motion to Dismiss DUI for Violation of Constitutional Right - CASE DISMISSED

The People v. Martin M.. (04-27-15) (Orange County)