Speeding ticket question in NY...
Speeding ticket question in NY... The other week I got a trial notice in the mail for a speeding ticket (79 in a 55) that I received back in Decemeber of 2003, over four years later. When I got the notice I didn't even remember it, I had to call the court to see if this was a mistake.
I was told by friends and family that the ticket will be dismissed since I wasn't given a timely trail. Is there any truth to that?
I was told by friends and family that the ticket will be dismissed since I wasn't given a timely trail. Is there any truth to that?
The 6th Amendment does provide for a speedy trial for *criminal* cases, however your case is not criminal- more like an administrative proceeding. When you recieved the "accusatory instrument" (ticket/information) did you, at that time, make a plea?
If you did, I would think that If the accusatory instrument is defective, the entire proceeding will be rendered null and void.
Now bear in mind- I'm not a lawyer.. but I've got some experience which I picked up after 15 years.. I would still lawyer up and take care of this. Might cost a few hundred bucks- but once the insurance company gets wind of this you may pay a bit more.
If you did, I would think that If the accusatory instrument is defective, the entire proceeding will be rendered null and void.
Now bear in mind- I'm not a lawyer.. but I've got some experience which I picked up after 15 years.. I would still lawyer up and take care of this. Might cost a few hundred bucks- but once the insurance company gets wind of this you may pay a bit more.
