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  1. #1

    Question Right to fair and speedy trial

    I received a speeding ticket in Alabama on March 19, with a court appearance date set for june 6, 79 days away. I later received a letter moving my court date back to June 22, a total of 95 days after my ticket. It was just a normal speeding ticket, no DUI or criminal offense involved.

    I've read online that I'm entitled to a right to a speedy trial within 45 days of the offense, even for traffic tickets. Is this true? And if so, does the above situation violate that right?

    Thanks for your help!

  2. #2

    Default Re: Right to fair and speedy trial

    Most traffic tickets are infractions and the right to a speedy trial does not apply. An attorney can tell you the situation in your state. Even if it does apply, the time does not start until you enter a not guilty plea. Your first court appearance is usually just an arraignment.

  3. #3
    Join Date
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    Default Re: Right to fair and speedy trial

    It appears Alabama follows the Barker v. Wingo test for analyzing speedy trial claims whereas 4 different factors are analyzed to determine whether a speedy trial violation has occurred. The time begins to run upon arrest or indictment/charge, whichever occurs first. It must also be remembered it applies to criminal offenses--in some jurisdictions traffic offenses are classified as civil in nature.

    I note in several Alabama cases, delays of 1 year or more have been upheld as not violative of speedy trial--each case turns on its own facts but it would not appear the length of delay in your case is going to be found to be unreasonable at this point. If you are going to contest the ticket it anyway, you can always raise the speedy trial issue and have the court rule on it.

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