Civil rule-statue of limitation in traffic court

[daniel_diffo]

My jurisdiction is: New York, Nassau county.

back in 1998 i was ticketed on speeding. during the years i was invited 3 or 4 times for "conference" with the DA. at all conferences i declined any settlement and asked for trial.
finally after 11 years i received a trial date. Civil rule in many states which provides if the plaintiff (the State) doesn't bring its case to trial in 5 years, the court can dismiss. The question is whether that rule applies in New York traffic court?

 

[Michael Wechsler]

Are you serious? How did this case take 11 years? You ask a good question. I'd certainly raise a dismissal immediately. Why not discuss it with the current DA? If this went to trial it's almost laughable with regard to whether the police officer could adequately verify his testimony about an alleged speeder 11 years ago. I've never had to think about whether the right to a speedy trial comes up in traffic court... I'd definitely speak to the DA (and mention you might be speaking to the Newsday if they decide to go forward...)

 

[jharris352]

That is quite incredible. The problem is that traffic court is criminal and not civil so the civil rule doesn't apply. Speedy trial rules would apply and I doubt anyone could keep a straight face if you argued that the State has long pasted the time where they can claim a speedy trial in this one. Though, when arguing speedy trial faults you have to show a harm of some sort to your ability to put on a case.

I would argue speedy trial anyway to the Judge. He/she is going to look pretty dimly on a ticket that was "so important" they let it languish for 11 years. I think they will just throw it out. Its a traffic ticket for god's sake!

 

[daniel_diffo]

1998 traffic ticket

finally after 11 years i received an invitation for a trial date... but since this date (Oct 22nd) is conflicting with my schedule (i will be in Europe) i went to the court to ask for adjournment.
apparently, in Nassau county the procedure is to go before a judge...
after almost 2 hours of waiting, i went before a judge and asked for dismissal...
the judge confirmed with the DA that i never asked for adjournment in the past, refused to dismiss the case and just said that i will receive a new trial date by mail. When i told the judge that if the next trial date will be in 11 years, i might be in the old fox house... the judge replay that they will bring me to the court on a stretcher....

i don't think that the DA would be able to produce the trooper for this case, but rather he is hoping that i will change address and forget to inform the court. that way if they will invite me againand i miss the trial date, they will have a celebration on my account...