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  1. #1
    Join Date
    Feb 2012

    Default How Many Times Can Traffic Court Reschedule a Hearing

    My question involves traffic court in the State of: New York
    On Mother's Day of 2011 I was given a ticket for traveling 68 in a 50 zone. I was passing another vehicle at the time (I was to the left of that vehicle.) As I was slowing down after I passed the car the officer pulled me over and gave me the ticket. When I mentioned that I was in the left passing lane passing another vehicle, he said to check 'not guilty' on the ticket and that he usually doesn't show up at court hearings, anyway.

    I noticed an error on the ticket that my date of birth was 2011.

    I did check 'not guilty' and sent the ticket in waiting for a hearing date. A few weeks later I got a notice for October 28.2011. A few days before the hearing I received a notice that the hearing was rescheduled to February 9th, 2012. Today I got a notice from the court that the hearing has been rescheduled a third time to July 31, 2011!
    Is there a limit to how many times a hearing can be rescheduled? What are my rights? Can I get this ticket dismissed? What to do? Thanks.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How Many Times Can Traffic Court Reschedule a Hearing

    First, it sounds like you're charged with a civil infraction, not a misdemeanor. New York's speedy trial law, such as it is, applies only to criminal offenses, not to civil infractions. (See People v Zagorsky, 73 Misc 2d 420 (1973); Penal Law, § 10.00; Vehicle and Traffic Law, § 155).

    Assuming we're talking about a misdemeanor, before it is possible to evaluate any speedy trial issue it is necessary to know who requested the adjournment and on what basis. Were these adjournments due to the prosecutor's request, and if so what reason was given for the request? Or were they by the court on its own motion, perhaps due to a congested docket? A court would also need you to explain how the delay has materially impaired your ability to defend yourself. Do you have an argument you can make on that issue?

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