November 4, 2008 By Wallin & Klarich

DUI dismissed when lawyer withdraws waiver of time and defendant is not brought to trial within statutory period

In a recent Orange County DUI case it was decided that the defendant be able to have his case dismissed because the court did not have his case tried within the statutory period.

In this case the defendant’s lawyer originally appeared in court and “waived time” which would have allowed the District Attorney to have defendants case go to trial outside the statutory period. However, a few days after the lawyer “waived time” he sent a letter to the court and the District Attorneys office “withdrawing” his time waiver.

After the time had run to bring the defendant to trial, the defendant’s attorney made a motion to have the California DUI charges dismissed because the trial had not gone to trial within the statutory period. After the trial judge denied the motion the defendant appealed.

The Orange County Superior Court appellate department ruled that the defendant was entitled to have his case dismissed.

What this means is that the defendants DUI case has been dismissed forever. It cannot be refilled by the prosecution as the District Attorney can only file a misdemeanor case one time.

The Orange County District Attorneys office was quoted as saying that the defense attorney “is really a snake in the grass”.

The bottom line is that a criminal defense attorney’s job is to do all that they can to have their clients case dismissed. The lawyer is entitled to exercise all legal options to do so.

Of course the District Attorneys office is upset because a DUI case was dismissed. This is an example where if your California DUI defense attorney takes advantage of all legal options and the prosecution is not able to do their job well enough criminal charges can be dismissed.

If you are facing any type of criminal charges you should contact the experience criminal defense firm at Wallin and Klarich. You can reach us 24/7 at 888-749-0034 and visit us

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