I Got This Ticket a Long Time Ago. Can it Be Dismissed for Speedy Trial?

Speedy Trial In New York State

In many instances, you will get a traffic ticket and the court case for the ticket will not occur for several years later. In New York State there are speedy trial rights for traffic tickets. The main exception is where the delay is due to the defendant not answering the ticket, not appearing in court, or requesting an adjournment. All that time does not count against the prosecution. Assuming the delay is not the defendant’s fault, there are two avenues for this right, common law and statutory law.

Common Law Speedy Trial

Under common law, the exact amount of time that needs to pass is approximately two years. Judges in justice courts have generally dismissed cases more than two years old. The fact that the case is more than two years old does not mean your case should be dismissed. The main exception is traffic tickets in New York City. In the five boros, cases are adjudicated in the Traffic Violations Bureau (TVB). Cases in the TVB tend to go on for several years due to their backlog.

Statutory Speedy Trial

There are possible statutory grounds for speedy trial dismissals under the 2020 Bail Reform Act. Besides bail reform, the bill introduced many procedural changes for criminal charges and traffic tickets. Several county courts have taken the position that the entity prosecuting the traffic ticket must serve discovery and be ready for trial within thirty days of the commencement of the action.

Benjamin Goldman Law Office

If you received a traffic ticket and want to explore whether your case can be dismissed on speedy trial grounds, you contact the Benjamin Goldman Law Office. We are a traffic ticket defense firm that helps motorists across the state, from Plattsburgh to Queens and all places in between. Contact us at your convenience. Consultations are free.