Legal Question in Traffic Law in New York

Speeding - Error onTicket & over 32 months for trial

Received first speeding ticket (53 in 30) in April 2002. I plead not guilty - trial not scheduled until 12/30/2005, is there a limitation of time for this trial to be scheduled - it is 2 yrs 8 months since the offense. Also the spelling of my first name on the ticket is incorrect. Would either one of these issues be grounds for dismissal. If the officer couldn't copy my name correctly from my license how do I know that he read the radar correctly ? If these are not grounds for dismissal, do you have any recommendations to try and plead this down to a lesser offense ?


Asked on 12/27/05, 7:58 pm

2 Answers from Attorneys

Re: Speeding - Error onTicket & over 32 months for trial

The name error is irrelavent. However, there is case law that says an UNEXPLAINED delay in scheduling the trial of 2 years of more is a speedy trial violation and grounds for dismissal. The key factor is whether the DA, Court, or Police Officer (depending on where you are located) has a valid explanation. If you want to pursue this defense, I recommend that you retain an attorney who handles this type of work so that a formal written motion can be made.

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Answered on 12/27/05, 9:09 pm
Robert Evans Robert S. Evans esq.

Re: Speeding - Error onTicket & over 32 months for trial

More information is necessary before answering your question. The relevant factors are where the ticket was issued and whom is the prosecutor? I am a former Traffic Court Judge and in some counties one may completely plea bargain this violation, and in others one may get a plea bargain reduction from a 6 point violation to a 4 point violation. The other issue of a misspelling is not relevant.Please contact my office by phone ,it is listed or by e-mail and I will be happy to offer a free phone consultation.

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Answered on 1/02/06, 6:40 pm


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