Speedy Trial and Traffic Tickets

In New York State there are speedy trial rights for traffic tickets. There are two avenues for this, common law and statutory. 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. There are several exceptions. First of all, there can be no delay on the part of the Defendant. If the Defendant failed to answer the ticket or failed to appear in court, the clock stops until they answer the ticket or appear in court. If the Defendant makes any adjournment request the time stops until the next court date. There are several other situations that stop the clock. For example, there was an executive order during COVID-19 pandemic that tolled all speedy trial time. It continues for approximately six months (depending on the county). Another 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.

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 30 days of the commencement of the action.

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.