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  1. #1
    Join Date
    Nov 2005
    Location
    Ulster County, New York
    Posts
    4

    Default Right to A Speedy Trial in Traffic Court

    I received a speeding ticket in Ulster County, New York in May, 2005. I asked for a hearing and after waiting 4 months was given a hearing date in December, 2005. Isn't there a law which states your trial must be held within six months from the date of your plea?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default New York Speeding Ticket

    New York courts generally hold that there is no "speedy trial" right for traffic offenses, and further that if you don't object to your trial date that you have waived any right to a speedy trial. (There is some authority that speedy trial rights to apply to traffic violations, so it may well be worth objecting.)

  3. #3
    Join Date
    Aug 2005
    Posts
    117

    Default

    The right to a speedy trial comes from the Constitution, not NY law, so NY unspeedy trial law is pre-empted by the Constitution's Supremacy Clause.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Speedy Trial Rights

    Dave, we've been through this before; let's not rehash a closed book every time a "speedy trial" is mentioned.

  5. #5
    Join Date
    Nov 2005
    Location
    Ulster County, New York
    Posts
    4

    Default Speedy Trial

    Thank you, thank you...............
    Dave, does that mean that Constitutional Law comes first? I was told (by Town Clerk's office) that speedy trial law does not apply in Traffic Court????
    Aaron, what do you mean by a closed book?
    Thanks again.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Speedy Trial

    It means that I don't think it is beneficial to repeat past discussions of "speedy trial" as the way it might be in a perfect world, when the law has already been correctly described as it pertains to a specific question.

    There is nothing wrong with expanding upon a prior discussion of legal theories or principles, or even starting a new discussion, to debate what the law should be or what the nation's courts are getting wrong - but it is often more confusing than helpful to present that type of argument in response to a specific question.

  7. #7
    Join Date
    Nov 2005
    Location
    Ulster County, New York
    Posts
    4

    Default Speedy Trial

    I get you.............which actually precedes and how the law is interpreted is what is real and in that respect it doesn't pre-emp (although it should).
    Thanks.

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default

    Here's my $.02. Many states (for example, Washington, where I live) decriminalized most traffic infractions, making them "civil" matters. As such, many rights, which might apply in "criminal" matters, simply have no meaning in a "civil" case.

    However, you need to check your local rules. For example, in WA, a contested hearing must be scheduled within a specific time-frame relative to the infraction. Thus, even if "speedy trial" provisions of the Constitution do not apply in such a civil matter, courts are still bound by procedural "due process" laws created by the legislature.

    In Washington, hearings for traffic infractions are governed by "Infraction Rules for Courts of Limited Jurisdiction" (actually written by our State Supreme Court). These rules define "due process" for infracton cases. I don't know if NY has something equivalent, but it might be worth your time to find out.

    Good luck,
    Barry

  9. #9
    Join Date
    Nov 2005
    Location
    Ulster County, New York
    Posts
    4

    Default Right to Speedy Trial Denied by Court

    Because the speeding ticket I received was issued in early May, 2005 and the trial date is not until December, I asked the court for dismissal based on my right to a speedy trial was denied. The court sent me back a form letter saying my request for dismissal is denied and MY RIGHT TO A SPEEDY TRIAL IS DENIED. Is this legal????????

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    That sounds like a clerical error.

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