New York State Speeding Ticket

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

I was pulled over in early April for speeding. Within the 48 hour stipulation period I signed the back AND checked that I wanted a supporting deposition. I sent it first class and have a signed return receipt as proof. The court date on the ticket was early May. I did not show up for this court date since I had already made my plea via mail. It is now early June. Since that time I have only had one correspondece with the court. They sent me a letter which stated for me to send them "my side of the story." The Assistant DA would then send me an offer of disposition. If I disagree with the disposition, it says I should then show up at the court in early July. I have not sent in a letter since I disagree. Though truly I am just holding out for now.

Questions...

1) The wording on the back of the ticket is weird. Even though I checked that I wanted a deposition on the ticket, do I also have to send in a letter within 30 days requesting the same depostion? Isn't that redundant? If so then I am too late.

2) From what I have read, the court/officer has 30 days upon receipt of my request for the deposition to provide me with this depostion. Is this true? Or do they have up until the trial date to send it to me? What kind of 30 days? 30 calendar days or 30 work days?

3) When was/is my arraignment? When I mailed in my ticket and they had that hearing in May without me present, was that my arraignment?

4) The 6th amendment affords us the ability to a fair and speedy trial. Am I supposed to send in a letter requesting this fair and speedy trial? Or is it the court's responsiblity to set it up accordingly? I have not requested this. If I am not supposed to send a letter in what determines "fair and speedy." The 6th amendment is vague. From what I read there is nothing that says 30 days or 45 days. Yet, it does say that it needs to be timely so that people don't forget the details about the matter.

5) If I am correct in all of this. I have not received my deposition in a timely manner. I may, though not sure, be able to claim my 6th amendment rights have been violated also. If all this is true on what grounds should I file for dismissal? Should I do this before the trial or should I wait until the trial and then tell the Judge? Also where can I find an example for a dismissal form?

If any one out there is an NY lawyer or NY officer of the law and can offer assistance that would be great. OR if any one else has any thing to add to the mix too. Thanks in advance.

[lwpat]

You haven't mentioned your citation so we have on idea of the charge. Why don't you just go ahead and send the letter and try to settle it with the ADA.

When you plead not guilty a new court date was set for July. If you have not received the deposition before your court date you can make a motion for dismissal. It will be up to the judge to either dismiss the case or give the state a continuation.

The ticket was written for Section 1180 subsection D.

While riding my bike (cycling), I saw a State Trooper on the side of the road. I thought "what the heck." I stopped and asked him the "deal." He said that they have 30 days from the day they receive the request to get it back to me. I asked about an continuance. He said it was possible though rare in the area I am in. He suggested I call the court and ask for a dismissal. He said to make sure that it was outside of the 30 days though. Definitely! I wouldn't want to remind them. Nor would I be so foolish as to ask for this unless entitled.

Maybe I'll get lucky...