Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-12-2006, 02:46 PM
Junior Member
 
Join Date: Mar 2006
Posts: 1

Can't find NY case law


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.
    Reply With Quote
  #2  
Old 03-12-2006, 04:18 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,560
Quote:
Originally Posted by Bruce
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.
The online NY Supreme Court records for public access only go back to about 2001. Your cases were decided in 1994 and 1986. You will need to access a public law library, or make friends with a local attorney.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
    Reply With Quote
  #3  
Old 03-12-2006, 05:51 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by Bruce
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

[url]http://www.speedingticketcentral.com/New-York-speeding-ticket.html[/url]

Keep in mind that this is a commercial site and they are selling something; I am not vouching for them in any way.
__________________
There are two rules for success:

(1) Never tell everything you know.

Last edited by seniorjudge; 03-12-2006 at 06:01 PM.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:48 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.