Statute of Limitations On A New York Speeding Ticket

**SpicyGalant** · 06-09-2007, 08:02 AM

Good day,
I am a newbie

I have a speeding ticket from March 20, 2006. They keep rescheduling the date of the hearing. Now they pushed it back to October 10, 2007.. and for a time that is extremely EARLY!! (It's about a 2 hour drive for me to get there). Anyhow, my question is... can it get thrown out since its been so long? Is there a Statute of Limitations = what can I do to get this out of the way!!! Thank you

**blewis** · 06-09-2007, 08:17 AM

There is no SOL once you have been charged -- and your ticket is the charging document. Now, whether there is a "speedy trial" requirement in NY, I don't know. In WA, however, the rules of court that govern traffic infractions state (in part):

Quoting IRLJ 2.6 (1)

...the court shall schedule a hearing to determine whether the defendant committed the infraction. The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court, nor more than 120 days from the date of the notice of infraction....

Whether or not NY has a similar provision, you'll have to research, or maybe someone else here might know.

Good luck,
Barry

**lwpat** · 06-09-2007, 09:30 AM

New York does have a speedy trial law for traffic tickets but you have to file a motion. If you do not object, you have waived your rights. You can also request a deposition from the officer and that also has to meet certain time limits or you can request dismissal. Many traffic courts in NY are not presided over by an attorney and the judge may not know or follow the law. Here is a link for more information:

http://www.speedingticketcentral.com...ng-ticket.html

You need to be aware that the New York DMV will bill you for three years if you get so many points against your license. This is separate from the court and applies even if you are an out of state driver.