What is the name of your state? NY New York
Figured I would include plenty of keywords in the title so people can find this down the road.
I recently succeeded in having a 7 year old traffic infraction dismissed based on speedy trial grounds in Nassau county, NY. It sems they are pulling many old violations, there were several other drivers who were called in on old tickets.
While researching, I found People v. Ramsammay, a 2006 case from Kings county.
(2006 NY Slip Op 50336U; 11 Misc. 3d 1061A; 2006 N.Y. Misc. LEXIS 442)
The case can be accessed here: http://www.courts.state.ny.us/reporter/Decisions.htm
by clicking on "search slip opinions" and then searching by the Judge's name "Suzanne Mondo"
This direct link may also work: http://www.nycourts.gov/reporter/3dseries/2006/2006_50336.htm
Notable quotes:
"Although CPL 30.30 (1) [criminal procedure law] is inapplicable to traffic infractions such as VTL § 1192 [1], a defendant's right to a speedy trial is guaranteed by the United States Constitu-tion, the New York Constitution, and CriminalProcedure Law 30.20. n1"
"In People v Taylor (189 Misc 2d 313, 731 N.Y.S.2d 324 [App Term, 2nd Dept 2001]), the court stated that although "a defendant charged with a traffic infraction has no statutory right to a speedy trial, he nevertheless has a constitutional right to a speedy trial (People v Fisher, 167 Misc 2d 850, 635 N.Y.S.2d 1002)"
I caried a copy of the case with me for the judge. Otherwise my motion to dismiss was oral.
Hopefully this helps somebody!
Figured I would include plenty of keywords in the title so people can find this down the road.
I recently succeeded in having a 7 year old traffic infraction dismissed based on speedy trial grounds in Nassau county, NY. It sems they are pulling many old violations, there were several other drivers who were called in on old tickets.
While researching, I found People v. Ramsammay, a 2006 case from Kings county.
(2006 NY Slip Op 50336U; 11 Misc. 3d 1061A; 2006 N.Y. Misc. LEXIS 442)
The case can be accessed here: http://www.courts.state.ny.us/reporter/Decisions.htm
by clicking on "search slip opinions" and then searching by the Judge's name "Suzanne Mondo"
This direct link may also work: http://www.nycourts.gov/reporter/3dseries/2006/2006_50336.htm
Notable quotes:
"Although CPL 30.30 (1) [criminal procedure law] is inapplicable to traffic infractions such as VTL § 1192 [1], a defendant's right to a speedy trial is guaranteed by the United States Constitu-tion, the New York Constitution, and CriminalProcedure Law 30.20. n1"
"In People v Taylor (189 Misc 2d 313, 731 N.Y.S.2d 324 [App Term, 2nd Dept 2001]), the court stated that although "a defendant charged with a traffic infraction has no statutory right to a speedy trial, he nevertheless has a constitutional right to a speedy trial (People v Fisher, 167 Misc 2d 850, 635 N.Y.S.2d 1002)"
I caried a copy of the case with me for the judge. Otherwise my motion to dismiss was oral.
Hopefully this helps somebody!