Uniondale, NY asked in Traffic Tickets for New York

Q: I received a traffic ticket 1110-A 4 months ago.

I plead not guilty via mail. I was told I receive a letter of when my trial date is. I was told I was suppose to receive it 2 months ago. I've checked with my TPVA they said my trial was still in pending status. I was never given a supporting deposition when I requested it. Can I get my ticket dismissed since I still haven't received a hearing or trial

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

A: No you can not get your ticket dismissed because it is a few months since your not guilty plea. Sometimes it could take many months before you ate notified. You should contact a lawyer.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Traffic Tickets Lawyer
  • Sacramento, CA

A: In New York, if you have pleaded not guilty to a traffic ticket and are awaiting a trial date, there can be delays in the system, especially given the backlog in many courts. However, these delays do not automatically lead to a dismissal of your ticket. The lack of a supporting deposition, if you requested it, can be a point in your favor, but it doesn't guarantee dismissal either.

You have the right to a timely trial, but "timely" can be subject to interpretation and varies based on the circumstances, including court workload. If you believe that your right to a speedy trial has been violated, you can bring this up during your hearing or trial.

It's advisable to stay in contact with the Traffic Violations Bureau (TPVA) and check for updates on your trial status. If the delay continues, consider consulting with an attorney who can advise you on the best course of action, potentially including a motion to dismiss based on the delay or lack of supporting deposition.

Remember, each case is unique and the specifics of your situation will significantly influence the outcome. A legal professional familiar with traffic laws in New York can provide personalized guidance.

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