Legal Question in Traffic Law in New York

Re: Speeding ticket issued in 1998

There is case law from the Appellate Term that says that a two year UNEXPLAINED delay in bringing a moving violation to court violates you constitutional right to a speedy trial. You do not know if there is a valid explanation.

Re: Speeding ticket issued in 1998

The jurisdiction or venue of the ticket will determine a proper answer to your question. You may contact my office with that information and I will be happy to offer a free phone consultation

Re: Speeding ticket issued in 1998

This looks like a clear winner for you.

However, you must appear in court on the date/place indicated on the letter.

1. Make sure the judge hears that you did show up in 1998, but were told to go home.

2. Make a motion under Criminal Procedure Law 30.30 that this is tooooo long a wait.

3. Request a trial and MAKE A REQUEST FOR A SUPPORTING AFFIDAVIT FROM THE POLICE OFFICER.

It is unlikely a normal judge will agree to a prosecution of this case.

My colleague mentyioned a recent case psiting a 2 year lapse as triggering the constitutional 'speedy trial' issue. This is correct. You will win the case on appeal if it gets that far. but make sure the judge hears that you showed up in 1998 but were told to go home.

Good luck.