Legal Question in Criminal Law in New York

You should go to the court before the due date and pay the summons.

The following is not legal advice. The following is from a motion I filed for client facing a similar circumstance. You should consult with an attorney. This is for information only.

Where a defendant has been issued a Uniform Traffic Ticket (UTT), and the Court is not in session at the time such UTT is returnable: (a) jurisdiction over the defendant is not acquired, (b) there can be no proper adjournment, and thus (c) the charges must be dismissed. See e.g., Shapiro v. MacAffer, 99 Misc.2d 694, 416 N.Y.S.2d 955 (Sup Ct. Sp Term 1979) where the Supreme Court granted a motorist�s Article 78 prohibiting a village court from further proceedings on a traffic ticket where court was not held on the appearance date shown on the ticket. The court held that jurisdiction was not acquired and that the court was without authority to take any further steps in connection with the proceeding.

Likewise, in Abbott v. Rose, 40 Misc.2d 64, 242 N.Y.S.2d 773 (1969) the Supreme Court also granted a motorists Article 78 prohibiting the court from further proceeding against him where the court was not in session on the return date for the ticket. Specifically, the judge didn�t show up. The Supreme Court held �Where there is no jurisdiction at all, there is no Judge; the proceeding is as nothing.� The court therefore lacked jurisdiction to even set a new date. Id.

Discuss your situation with an attorney and mention the above to him or her. Sincerely, John Campbell, Esq. 914-833-9785