What is the name of your state (only U.S. law)? New York
I was issued a ticket for not wearing my seatbelt on 7/25/2008. After calling multiple times to the court clerk, and others in the court, to find out why there is such a long delay in getting in getting arraignment. I was told each time that I will be notified shortly on an arraignment case. Three years and two months later I finally get an arraignment date.
I go to the arraignment with all intentions of asking for a dismissal of charges due to denial of the right to a speedy trial. This request was denied by the judge. He offered me nothing but the choice of paying the seatbelt charge. I refused. Now I have a trial date. According to the research I have done my request for a dismissal should have never been denied. According to,"The People vs. Rogoish
(June 5,2003)",The unexplained delay of over three years in bringing the instant traffic infractions to trial warrant dismissal(US Const 6th, 14th Amends;CPL 30.20;People v Taranovich,37 NY2d 442;People v Thope, 160 Misc 2d 558[App Term, 9th & 10th Jud Dist..
Where did I go wrong? I was under the impression that although "a defendent charged with a traffic infracion has no statutory right to a speedy trial, he nevertheless has a constitutional right to a speedy trial(people vfisher, 167 Misc 2d 850, 635 N.Y.S.2d 1002. Can someone please explain why I was denied my motion, and how to make my argument to the judge?
I was issued a ticket for not wearing my seatbelt on 7/25/2008. After calling multiple times to the court clerk, and others in the court, to find out why there is such a long delay in getting in getting arraignment. I was told each time that I will be notified shortly on an arraignment case. Three years and two months later I finally get an arraignment date.
I go to the arraignment with all intentions of asking for a dismissal of charges due to denial of the right to a speedy trial. This request was denied by the judge. He offered me nothing but the choice of paying the seatbelt charge. I refused. Now I have a trial date. According to the research I have done my request for a dismissal should have never been denied. According to,"The People vs. Rogoish
(June 5,2003)",The unexplained delay of over three years in bringing the instant traffic infractions to trial warrant dismissal(US Const 6th, 14th Amends;CPL 30.20;People v Taranovich,37 NY2d 442;People v Thope, 160 Misc 2d 558[App Term, 9th & 10th Jud Dist..
Where did I go wrong? I was under the impression that although "a defendent charged with a traffic infracion has no statutory right to a speedy trial, he nevertheless has a constitutional right to a speedy trial(people vfisher, 167 Misc 2d 850, 635 N.Y.S.2d 1002. Can someone please explain why I was denied my motion, and how to make my argument to the judge?
