RULE 6.325. SPEEDY TRIAL: INFRACTIONS ONLY

(a)    General Rule. Except as otherwise provided in this rule, every defendant charged with a non-criminal traffic infraction shall be brought to trial within 180 days of the date the defendant is served with the uniform traffic citation or other charging document. If trial is not commenced within 180 days, the defendant shall be entitled to dismissal of the infraction charge.

(b)    Effect of Delay or Continuances. If the trial of the defendant is not commenced within the 180-day requirement established by this rule, a motion for dismissal shall be granted by the court unless it is shown that

(1)    failure to hold trial was attributable to the defendant or the defendant’s counsel, or

(2)    the defendant was unavailable for trial.

If the court finds that dismissal is not appropriate for the reasons listed in this subdivision, the motion for dismissal shall be denied.

(c)    Application of Rule. This rule shall not apply to any infraction that is a part of a single episode or occurrence, which is attached to, consolidated with, or associated with a criminal traffic offense.


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