3 year old Speeding ticket?!

[Maven1969]

Hello everyone,

I had a speeding ticket back in May of 2015 (in N.Y. State) that I had sent in the "Not Guilty" plea via mail a couple days after the incident. I never heard back and had even forgotten about the ticket and then a couple months ago (3+ years later) I finally get a letter from the Town Court about appearing in court about said speeding ticket. Shouldn't this ticket be dismissed since it took them 3+ years to send me the response? Don't I have the right to a speedy trial?
Also If not then what is the best way to get the information needed to beat this ticket. I know that the officer didn't use a radar detector to give me the speeding ticket.
Are there certain things I can get related to the ticket that I can use to defend myself?

Thank you in advance for your help, it's much appreciated!

 

[HighwayMan]

Don't I have the right to a speedy trial?

No, you do not. In New York State courts have ruled that it does not apply in traffic cases.

I know that the officer didn't use a radar detector to give me the speeding ticket.

The police do not use radar detectors. If that's an example of what you think then you probably need to get an attorney.

Are there certain things I can get related to the ticket that I can use to defend myself?

No - there is no discovery for traffic cases in New York.

 

[Maven1969]

Hello HighwayMan,
Thanks for the quick reply!
Sorry, I meant he didn't get me w/ a Radar/Laser gun ,I do know the difference. I know this because I have a Passport 9500ci (handles all bands and laser) installed on my car and nothing went off. I know they are able to "guesstimate" from looking how fast a person is going but no-one is that good that their opinion would be better than a Radar/Laser gun.

So basically, there isn't anything i can do?!

 

[FlyingRon]

Despite what you were told, there are no effective LIDAR detectors. Even with radar the fact your detector didn't go off will mean absolutely NOTHING in court. If the officer testifies he used some electronic means, then that will be accepted over anything you say. There's also the possibility he paced you which is considered as reliable as any other means. It's not "guessing".


HighwayMan knows what he is talking about, first hand.

 

[Maven1969]

Hello FlyingRon,
Thanks for the clarification!

Thanks again HighwayMan and FlyingRon, I appreciate the help.
All the best to you !

 

[NeilTheCop]

I would advise talking to an attorney because it would seem that they have a finite time to start prosecution
(c) A prosecution for a misdemeanor must be commenced within two years after the commission thereof;
https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-30-10.html
I know that the Statute of Limitations was satisfied when you were given the ticket but I'm not sure if that would be classed as commencing a prosecution.
A chat with an attorney would not hurt.

 

[FlyingRon]

I'm going to back off my previous statement. There are a few court cases where the speedy trial rules (30.20 and 30.30 of the CPL) do apply.

Here are some cases:
People v. Thorpe, 160 Misc.2d 558, 613 N.Y.S.2d 795 (1994) Holds that two years in bringing a simple traffic infraction warrants dismissal. This one refers to a case People v. Taranovichy 37 Ny 2d 442. Also see People v Matera, 2003 NY Slip Op 51180(U), 2003 WL 21974065

 

[Maven1969]

Thanks NeilTheCop, and FlyingRon,

It was earlier this morning so I took the reduced sentence (UGH!) now that I pleaded Guilty would it be too late to change my plea since now I have this new information?

Thanks again!

 

[Zigner]

Thanks NeilTheCop, and FlyingRon,

It was earlier this morning so I took the reduced sentence (UGH!) now that I pleaded Guilty would it be too late to change my plea since now I have this new information?

Thanks again!

Nope. You don't get a do-over.

 

[Maven1969]

Well, at least I learned something new today. Thanks again everyone!

 

[HighwayMan]

I would advise talking to an attorney because it would seem that they have a finite time to start prosecution
(c) A prosecution for a misdemeanor must be commenced within two years after the commission thereof;
https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-30-10.html

That has no application here whatsoever. Traffic infractions are not misdemeanors.

The prosecution started with the issuance of the traffic ticket.

 

[HighwayMan]

There are a few court cases where the speedy trial rules (30.20 and 30.30 of the CPL) do apply.

Here are some cases:
People v. Thorpe, 160 Misc.2d 558, 613 N.Y.S.2d 795 (1994) Holds that two years in bringing a simple traffic infraction warrants dismissal. This one refers to a case People v. Taranovichy 37 Ny 2d 442. Also see People v Matera, 2003 NY Slip Op 51180(U), 2003 WL 21974065

CPL 30.30 applies only to crimes and violations. Courts have, over and over again, distinguished between violations and traffic infractions. They are both petty offenses but they are distinct. We learn in the Police Academy that both must occur in our presence in order to summons/arrest. That is flat out wrong. Traffic tickets for traffic infractions may be issued upon information and belief. Only violations must occur in our presence.

This is MY case list:

People v Zagorsky (73 Misc 2d 420 Broome County 1973)
People v Solorman (124 Misc 2d 33 Nassau County First District Court 1984)
People v Wise (141 Misc 2d 409 District Court NYC 1988)
People v Blake (154 Misc 2d 660 Criminal Court Kings County 1992)
People v. Gonzalez (168 Misc 2d 136 Appellate Term First Department)
People v. Gonzalez (88 NY 2d 936 Court of Appeals 1996)

 

[HighwayMan]

Thanks again HighwayMan and FlyingRon, I appreciate the help.
All the best to you !

If you plead not guilty you will be scheduled for a pre-trial conference with either a police officer or the town attorney or designated prosecutor.

You will most likely be offered a reduced charge, maybe even a non-speeding infraction depending upon your record. It's up to you to either take ir or go to trial.

ETA: I just saw your post about going to court. What was the reduced charge you pleaded guilty to?

A properly trained police officer does not need an electronic or mechanical device to obtain a speeding conviction by the way. In New York, an independent speed estimation is enough by itself.

 

[Zigner]

If you plead not guilty you will be scheduled for a pre-trial conference with either a police officer or the town attorney or designated prosecutor.

You will most likely be offered a reduced charge, maybe even a non-speeding infraction depending upon your record. It's up to you to either take ir or go to trial.

ETA: I just saw your post about going to court. What was the reduced charge you pleaded guilty to?

A properly trained police officer does not need an electronic or mechanical device to obtain a speeding conviction by the way. In New York, an independent speed estimation is enough by itself.

The OP already pled guilty.

 

[HighwayMan]

The OP already pled guilty.

I missed that originally and edited my post prior to reading yours.