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* Speedy Trial Timeline in NYC Traffic Violation Bureau

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YorkGuy

Junior Member
What is the name of your state? NY / NYC

What are the timelines for Speedy Trial in NYC's Traffic Violations Bureau?

If the gap between citation / pleading not-guilty by mail and the date of hearing is more than 3 months, can one move the motion to dismiss the case based on denial of speedy trial right?
 


You Are Guilty

Senior Member
YorkGuy said:
What is the name of your state? NY / NYC

What are the timelines for Speedy Trial in NYC's Traffic Violations Bureau?

If the gap between citation / pleading not-guilty by mail and the date of hearing is more than 3 months, can one move the motion to dismiss the case based on denial of speedy trial right?
That sound you hear in the distance is me laughing. You really have no idea what you're up against here. The PVB is a special method the legislature concocted specifically to deprive people of their rights. It is not a court in the traditional sense of the word. For example, the burden of proof to be found guilty is merely a preponderance. And, how about the fact that many of the hearing examiners don't even know what the parking laws are, yet have no probably finding you guilty anyway?

But I digress. You do not have the same rights at the PVB as you do in criminal court, not the least of which is the right to a speedy "trial". (You don't get "trials" at the PVB, you get "hearings" and "hearing exaiminers"). Heck, there are people in Rikers that have been waiting close to a year for their trials, you think the City cares it took three months to hear about your parking ticket? Fat chance.

If you're really bored, you can read all about the PVB's powers in the NYC Administrative code (NYCRR 19-200 through 212).
 

YorkGuy

Junior Member
Pvb = Tvb ?

Thanks for the reply!

Is TVB (moving violations) same as PVB ?

Can one request to move case to a real traffic court than a TVB?
 
Last edited:

qcxlvr1

Member
Yes, You Are Guilty probably meant TVB a/k/a (AAB-administrative adjudication bureau).

It is run by New York State DMV and you cant make the motion for a speedy trial, etc. Get a lawyer that does VTL stuff and has experience in TVB if you want even a remote chance of winning.
 

You Are Guilty

Senior Member
qcxlvr1 said:
Yes, You Are Guilty probably meant TVB a/k/a (AAB-administrative adjudication bureau).

It is run by New York State DMV and you cant make the motion for a speedy trial, etc. Get a lawyer that does VTL stuff and has experience in TVB if you want even a remote chance of winning.
Oops, me and my reading comprehension :eek: I even gave the cite to the PVB, not the TVB. The statutes you want are VTL 225 et seq. Of course, the two Bureaus are both the work of the devil, so anything bad you say about one pretty much goes for the other as well.

The best advice has been given. Get a lawyer, preferably one who does nothing but this stuff, as he will have contacts in the TVB that no one else will.
 

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