NY state - I recieved a speeding ticket about 6 months ago. My trial date is tomorrow. Would I be successful if I made a motion to dismiss based on my right to a speedy trial? All I could find was the following info...
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]).”
Appreciate any advice!!
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]).”
Appreciate any advice!!