Legal Question in Traffic Law in New York

In Feb of 2007, In Mt.Pleasant New York, I received a ticket for passing on the right (on a 2 lane road with a slow moving vehicle in the left lane). I checked "not guilty". In May of 2010 (over 3 years) I receive a notice for a pre-trial conference with a prosecutor.

If I read CPL 30.10 [2] [d] correctly they had 2 years to issue this and begin prosecution. Is that correct? What is my recourse in this case?


Asked on 5/19/10, 4:32 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

You are absolutely correct about the terms of Criminal Procedure Law 30.10 and if you were charged with a crime it would be completely applicable. Under the CPL only misdemeanors and felonies are deemed to be crimes. Vehicle and Traffic Laws not specifically listed as misdemeanors and felonies are violations. Violations are not covered by 30.10 as the statute states " A criminal action must be commenced within the period of limitation prescribed ..." Your action is defined as a violation not a crime and therefore the statute of limitations does not apply and can be prosecuted. I have seen traffic violations prosecuted 15 years after the commission of the offense.

Read more
Answered on 5/25/10, 6:43 am


Related Questions & Answers

More Traffic Law questions and answers in New York