Legal Question in Traffic Law in New York

Traffic & Speedy Trial in NY, again

My case is about a speeding ticket I got in NY (Westchester) on 06/27/07. I plead not guilty 07/26/07 w/request for supporting deposition. Received the deposition on 08/22/07. As of 10/03, i haven't been assigned a court date.

I realize that tickets take a much longer time.., but out of curiosity: reading the speedy trial law section 30.30 (subdiv. 1, par. d) I understand that for a traffic violation like this a 30 day period applies for People to be ready for trial, otherwise defendant may move to dismiss the case pursuant to 170.30 (1, e)). And I also understood that there is a supreme court decision precedent confirming that the speedy trial right applies to ALL criminal procedures, including traffic violations (in NY).

My specific questions are

1) how does one count the days - calendar days? working days only?

2) do they exclude the time until deposition was received to get the correct time?

3) have i implicitly waived the right by not responding within 48 hours from receiving the ticket?

and one philosophical Q:

I have read previous posts re ST and it seems the consensus is - ''don't even try.'' But which part of the letter of law allows judges to dismiss close to 100% of 30.30-based motions?


Asked on 10/02/07, 4:52 pm

3 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Traffic & Speedy Trial in NY, again

A ticket in a violation/infraction, not a crime.

Good Luck

RRG

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Answered on 10/02/07, 4:55 pm

Re: Traffic & Speedy Trial in NY, again

The statutory speedy trial right (CPL 30.30) does NOT apply to speeding tickets. However, the constitutional speedy trial right found in CPL 30.20 does. There are some Appellate Term cases that hold that an unexplained delay of 2 years or more before giving someone a trial on a speeding ticket violates the constitutional right to a speedy trial. I know all this because I got a moving violation in Mt. Kisco a few years ago and did not get a court date for 2 1/2 years. I made a written motion to dismiss but the Judge refused to dismiss - he said they are very busy and do the best they can. Luckily for me, I got the ticket dismissed on another ground. If for some reason you do not get a trial for more than 2 years you may have a speedy trial argument. However, I suspect that to enforce your right, you will have to make a motion, have the judge deny it, loose at trial and then take an appeal. Only you can decide if its worth it.

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Answered on 10/02/07, 4:59 pm
Robert Evans Robert S. Evans esq.

Re: Traffic & Speedy Trial in NY, again

Speeding is a violation,and under N.Y.law and procedure these are not usually dismissed under 30:30. I am a former Traffic Court Judge and now handle these cases on a regular basis. You may contact my office to discuss this further. A phone consultation is free.

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Answered on 10/02/07, 5:04 pm


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