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pegleg March 30th 06 01:21 PM

long wait in traffic court
 
I have been waiting for more than a year after pleading not guilty to a
traffic ticket. I called the court clerk yesterday and she told me that
it will be atleast another year. Isn't this a bit excessive (my first
ticket in mo? This ticket is in mt pleasant, ny for going 78 in a 55
zone (south bound taconic state parkway).

Thanks.


pegleg March 30th 06 01:24 PM

long wait in traffic court
 
I hit enter too quickly ... I meant to say that this is my first ticket
in more than 8 years ... so, just wanted to get an idea if this kind of
wait is normal now.

Thanks.


Arif Khokar March 30th 06 03:54 PM

long wait in traffic court
 
pegleg wrote:

> I hit enter too quickly ... I meant to say that this is my first ticket
> in more than 8 years ... so, just wanted to get an idea if this kind of
> wait is normal now.


There's a limited time period where the state must bring the case to
trial and render the verdict. In WV, it's one year and in VA it's 9
months. You'll have to look through NY state law and court rules to
find out for sure.

If that time period has elapsed, then the case should be dismissed if it
ever comes to trial. I suppose you could file a written motion and mail
it to the court to get this over with, but I don't know if that's
possible in NY.

But this only applies if you've never asked for a continuance or if you
haven't waived your right to a speedy trial.

You might also want to consider reposting this to misc.legal.

Shawn Hirn March 30th 06 06:27 PM

long wait in traffic court
 
In article . com>,
"pegleg" > wrote:

> I have been waiting for more than a year after pleading not guilty to a
> traffic ticket. I called the court clerk yesterday and she told me that
> it will be atleast another year. Isn't this a bit excessive (my first
> ticket in mo? This ticket is in mt pleasant, ny for going 78 in a 55
> zone (south bound taconic state parkway).


I have no idea about what the policy is in Mt. Pleasant, but in
Philadelphia, its usually only a few weeks to get a trial date for an
initial hearing for a traffic ticket or appeal.

Matthew Russotto March 31st 06 06:08 AM

long wait in traffic court
 
In article >,
Shawn Hirn > wrote:
>In article . com>,
> "pegleg" > wrote:
>
>> I have been waiting for more than a year after pleading not guilty to a
>> traffic ticket. I called the court clerk yesterday and she told me that
>> it will be atleast another year. Isn't this a bit excessive (my first
>> ticket in mo? This ticket is in mt pleasant, ny for going 78 in a 55
>> zone (south bound taconic state parkway).

>
>I have no idea about what the policy is in Mt. Pleasant, but in
>Philadelphia, its usually only a few weeks to get a trial date for an
>initial hearing for a traffic ticket or appeal.


I wonder if he could get a dismissal for lack of a speedy trial?
--
There's no such thing as a free lunch, but certain accounting practices can
result in a fully-depreciated one.

Alex Rodriguez March 31st 06 07:58 PM

long wait in traffic court
 
In article . com>,
says...
>I have been waiting for more than a year after pleading not guilty to a
>traffic ticket. I called the court clerk yesterday and she told me that
>it will be atleast another year. Isn't this a bit excessive (my first
>ticket in mo? This ticket is in mt pleasant, ny for going 78 in a 55
>zone (south bound taconic state parkway).



When you get to court, ask that judge to dismiss the ticket for failuer to
prosecute in a timely fashion. The longer it takes, the better it is for you.
-------------
Alex


pegleg April 4th 06 01:59 AM

long wait in traffic court
 
Thanks for the replies. I did not ask for any kind of continuance or
give up my right to a speedy trial. Still waiting for them to schedule
a trial after I turned in the ticket with the not guilty plea. I will
check out what the NY law is on this ...



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