Pennsylvania DUI Lawyers Blog
A defendant appealed from the July 2016 judgment of sentence entered in the McKean County Court of Common Pleas following his convictions for DUI and careless driving. The Pennsylvania Superior Court affirmed.
The defendant raised one issue on appeal: whether the trial court abused its discretion in denying his motions to dismiss pursuant to Pennsylvania Criminal Rule 600, which pertains to the guarantee of a “prompt trial.”
The appeals court began by outlining the applicable law. While Rule 600 requires the Commonwealth to try a defendant within 365 days of the filing of a criminal complaint, a defendant is not automatically entitled to discharge under Rule 600 if the trial starts more than 365 days after the filing of the complaint. Instead, Rule 600 provides for the dismissal of charges only in cases in which the defendant has not been brought to trial within the term of the adjusted run date, after subtracting all excludable and excusable time. The adjusted run date is calculated by adding to the mechanical run date, i.e., the date 365 days from the complaint, both excludable and excusable delays.