Bruce said:
On speedingticketcentral.com, under New York Speedy Trial,
they refer to People v Thorpe; and People v Wertheimer.
These state that a traffic offense must be dealt with within 180 days.
I can't find these cases transcripts anywhere.
Can anyone help me locate them??
My trial date is March 22nd - some 18 months after being ticketed.
Thanks.
You don't want transcripts (the court reporter's record of stuff actually said during the trial); you will want the reports of the cases. I found the cites (show the cites to a librarian at a law library).
...
New York Speedy Trial
In many New York traffic courts it is taking up to a year for your speeding ticket trial to be scheduled. New York traffic judges normally rule that the right to a speedy trial does not apply to traffic infractions. If you do not object to your trial date you are considered to have waived your right to a speedy trial. If you want to assert this right you must timely file an objection with the court.
In
People v Thorpe, 160 Misc.2d 558; 613 N.Y.S.2d 795 (1994), the Supreme Court, Appellate Term, Second Department, unequivocally stated:
_In answer to the defendant_s assertion in his affidavit of errors that his constitutional right to a speedy trial had been violated, the return of the court merely asserted that the right to a speedy trial did not apply to a traffic violation. This assertion is incorrect, since the constitutional right to a speedy trial applies to all prosecutions (
People v Wertheimer, NYLJ, June 5, 1986 at 15, col 5 [App. Term, 2d & 11th Jud Dists])._
....
emphasis supplied
http://www.speedingticketcentral.com/New-York-speeding-ticket.html
Keep in mind that this is a commercial site and they are selling something; I am not vouching for them in any way.
