What is the name of your state? New York
Ok, I have a speeding ticket that I got on the New York State Thruway. My trial is just over 3 months from the date they received my not-guilty plea.
I am building up a defense strategy, but assuming the officer shows up, I want to get the case dismissed due to denied right to a speedy trial. That would be the first layer of my defense, and hopefully the end. I know that there is no set time limit, but 45 days is usually acceptable. This is double that.
Now my question is: When exactly would I make the motion to dismiss due to denied right to a speedy trial? I know it should be towards the beginning of my trial. Should I say that after the prosecutor makes his opening statement? And how exactly should I word it?
Also, I noticed here: https://forum.freeadvice.com/showthread.php?t=243182 that Peetie had a case dismissed for this exact reason, and in NY too. But unfortunately I cannot find any record of this case online.
Does anyone have links to a traffic case that was dismissed due to denied right to a speedy trial? In NY is preferable, but any cases will do.
Thankyou much
~Lex
Ok, I have a speeding ticket that I got on the New York State Thruway. My trial is just over 3 months from the date they received my not-guilty plea.
I am building up a defense strategy, but assuming the officer shows up, I want to get the case dismissed due to denied right to a speedy trial. That would be the first layer of my defense, and hopefully the end. I know that there is no set time limit, but 45 days is usually acceptable. This is double that.
Now my question is: When exactly would I make the motion to dismiss due to denied right to a speedy trial? I know it should be towards the beginning of my trial. Should I say that after the prosecutor makes his opening statement? And how exactly should I word it?
Also, I noticed here: https://forum.freeadvice.com/showthread.php?t=243182 that Peetie had a case dismissed for this exact reason, and in NY too. But unfortunately I cannot find any record of this case online.
Does anyone have links to a traffic case that was dismissed due to denied right to a speedy trial? In NY is preferable, but any cases will do.
Thankyou much
~Lex