Statute of Limitations

[PicPac1]

New York State

How soon must a citation be brought to court. I received a ticket in April, '99, and the trial is scheduled for 2/27/03 - that's nearly 4 years. Hasn't the statute of limitations expired???

 

[DRN]

What was the reason for the delay? Very important element.

If the delay is not attributable to you, you can try and get it dismissed on a number of grounds, including failure to prosecute, lack of speedy trial, no supporting deposition (if you had requested one) and in the interests of justice.

 

[BorednDsm]

Here is one of the statutes in New York that deal with your problems. If you have any questions about it after you read it please do not hesitate to post those question:


NY CLS CPL § 30.10 (2002)

§ 30.10. Timeliness of prosecutions; periods of limitation

1. A criminal action must be commenced within the period of limitation prescribed in the ensuing subdivisions of this section.

2. Except as otherwise provided in subdivision three:

(a) A prosecution for a class A felony may be commenced at any time;

(b) A prosecution for any other felony must be commenced within five years after the commission thereof;

(c) A prosecution for a misdemeanor must be commenced within two years after the commission thereof;

(d) A prosecution for a petty offense must be commenced within one year after the commission thereof.

 

[BorednDsm]

Here is another New York Statute that deals with your problem. It won't let me post the whole statute so I included the most important parts, but it would be wise to look up the whole statute, or if you want, I can email it to you:



NY CLS CPL § 30.30 (2002)

§ 30.30. Speedy trial; time limitations

1. Except as otherwise provided in subdivision three, a motion made pursuant to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 must be granted where the people are not ready for trial within:

(a) six months of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a felony;

(b) ninety days of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony;

(c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months;

(d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.

 

[DRN]

You'll most likely run into some ADA who will loudly proclaim "SPEEDY TRIAL DOES NOT APPLY TO TRAFFIC MATTERS!"

Ignore him. He is wrong.

But again - what is the reason for the delay? If it is through no fault of your own, you'll win.

If it is due to actions by you, then you may not have such a sure win.

 

[furnacerepairma]

try this one

in 1995 i got a ticket in tx for speeding which was paid, then after 6 1/2 years i get a notice to appear in tx, and i call and say i paid it and they said yes you did, but it was late coming in and you have a contempt of court. so i asked this was contempt then, she said no that had been dropped, so i said ok then its done? and she said no we put on a $202 dollar charge for living out of state. I asked about statute of limitations and she said none on speeding, so i said ok well this is living out of state for a charge then i assume its a misdemeanor and she didn't answer, anyway i wrote to the court three times, i said it should be dropped for Void for Vagueness Doctrine, statute of limitations, and i requested disclosure of all the states evidence. i am not a lawyer keep in mind so this is just what I did. they sent a deal four months later saying dismissed. i also wanted a jury.... not sure this will work for you but seems clerk of courts are a real genious sometimes too?