Legal Question in Traffic Law in New York

traffic violations speedy trial

I received a ticket in December 2003 for an illegal u-turn. I returned the summons with a ''not guilty'' A hearing is scheduled in a Justice Court in Westchester County for December 2007! May I move to have it dismissed for lack of a speedy trial? It has been 4 years and the hearing is in a court not traffic violations bureau. Can this be done at the hearing or must it be done in advance?


Asked on 11/01/07, 7:43 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: traffic violations speedy trial

In general speedy trial motions are not applicable in traffic violation cases. They must be in writing and are possibly winable either on a trial court level or on an appellate level with a due process argument.

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Answered on 11/02/07, 2:41 pm

Re: traffic violations speedy trial

There is no statutory speedy trial right (CPL 30.30) associated with a moving violation. However, there is a constituional speedy trial right (CPL 30.20). The Appellate Term has held that an unexplained delay of 2 or more years is a violation of this right. You would have to file a written motion with the court and serve it on the Town Attorney. That said, you should expect the court to deny the motion because its all about revenue generating. Unless there is a valid excuse, you would probably prevail on appeal to the Appellate Term. The above is for informational purposes only and not meant to convey legal advise as there is no attorney-client relationship.

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Answered on 11/01/07, 8:51 pm


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