Can a continuous postpone court date possibly get dismissed?

The case would only be dismissed due to prosecutorial delay if you retract your time waiver and the court fails to set trial within the statutorily required time frame. The main hurdle I highly suspect you face is that you undoubtedly waived time in the past and/or requested one of the continuances yourself. If this is the case, you would have to wait until the next court date, indicate your unwillingness to continue to waive time and then have to wait out the statutorily set period representing your speedy trial rights. Please feel free to contact me if you have any questions. I regularly practice in the Sacramento area. Good luck. Gil Vega 707 330 9218

Based on the posting, I'm assuming that the chemical test was a blood draw. Another assumption is that the "postpone" means that the arraignment has been continued because nothing has been filed by the DA and the next time you are supposed to be in court for possible arraignment is in December. Test results for blood had taken a long time, but in the last month or so, have sped up. I've seen test results within a week in some cases. I hope that you set a DMV APS hearing so that you did not lose your privilege to drive pending the blood test results. Another assumption will be that you did not retain an attorney since you are posting here and that you did not set a DMV APS hearing. If so, your license was suspended 30 days after the arrest for 4 months and in July, you could have obtained your driving privilege bad because DMV through the administrative process, will have suspended your license if the officer took your license and served you a pink temporary license. You should go to your nearest DMV to see if you can obtain your license since more than 4 months have passed, assuming you were over 21 at the time of the arrest. If the DA declines to file charges because your blood test came back under a .08, you will be able to keep your license. On the other hand, if the DA files charges because the blood test came back under a .08 or there were drugs in test results or a combination of factors including bad driving, bad FSTs in your case and you get convicted of a DUI, then there will be a separate 6 month suspension. You may want to contact an experienced DUI attorney in your area to determine what options you may have.

I you waived time then you will not be able to claim delay and prejudice. However, I would suspect that you either have a PD or an attorney that you hired and would suggest keeping in contact with him/her to ask this question. The Court and the DMN are sep. you would need to contact the DMV and find out the status of your lic. with them.