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New York Speeding Ticket

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jkempa

Junior Member
What is the name of your state?What is the name of your state? New York

I was ticketed for speeding--80 in a 65. It was in New York, but I live in New Jersey.

I was passing another car, but was travelling at a pretty consistent speed. There was another car in front of me doing about the same speed as me, but I was pulled over.

I had virtually no discussion whatsoever with the officer that pulled me over.

I entered a plea of not guilty (on November 7) and was required to enter my plea by November 15. I requested a deposition, and I am apparently entitled to receive that deposition within 30 days of the November 15 date.

However, my court date has been set for December 13. That is less than the 30 days allowed to provide me with the deposition.

Should I request an extension for the court date, or (assuming I don't receive a deposition) show up at court and ask for dismissal because I did not receive a deposition? It's a weird question, because my court date is before the day they are required to provide me with the deposition. Any thoughts on how I should defend this?

One other thing: The court is about a 2 hour drive from my house, so while going once is okay, I don't want to have to return there several times.

Thank you for any advice.
Jeff
 


sukharev

Member
Discovery issues are to be worked out before court date, unless you face uncooperating prosecutor. In such case, document it and present at the hearing. However, you are correct and there is a time limit and you cannot call prosecution on it.
 

jkempa

Junior Member
sukharev said:
Discovery issues are to be worked out before court date, unless you face uncooperating prosecutor. In such case, document it and present at the hearing. However, you are correct and there is a time limit and you cannot call prosecution on it.
So is that an effective loophole that they can avoid providing the deposition within the time limit by scheduling my court date before it? If I state that I did not have adequate time to prepare my defense, will the judge just ask me to come back a month later?

Thanks for your help.
Jeff
 

sukharev

Member
You should be entitled to continuance, based on what you just said. Call the court to find out how to submit it (likely in writing). Make sure you leverage discovery to the full extent, by requesting officer's training records, as well as all applicable info on the speed measurement device (like calibration, maintenance and testing record, log, user manual). Also, get officer's training manual from police department via FOIA request. Request another continuance if the documents don't come in time (they have maximum 30 work days to comply). I hope you know how to use the data once you get it, please feel free to ask questions about that.
 

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