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How long does a police officer have to file a ticket with the court in new york?

Vernon, NY |

recevied a ticket in june and called the court in november they said the officer has yet to file it then come january to appear on my not guilty plea.

Attorney Answers 3

Posted

This is an interesting question since I know of no specific time limit for filing the ticket. However, I suggest that there may be a speedy trial issue since its a Violation and they must be ready to go to trial within on a Misdemeanor within 90 days of being charged and I believe normally within 30 days of a Violation. In this case, since it is not a criminal matter, the statute (CPL 30.30) may not apply.

I suggest you hire a local experienced lawyer and discuss whether to have him/her move for Dismissal IN WRITING ( a Motion to dismiss must be in writing to be effective) so that the court must make a decision in writing.

Good luck.

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Posted

30 DAYS TO LODGE WITH D.A AND 90 DAYS HENCE TO FILE CHARGES IN THE STATE OF NEW YORK(FOR WHAT YOU DESCRIBED.) I DO NOT UNDERSTAND THE OTHER COUNSEL'S RESPONSE OR I DO NOT UNDERSTAND YOUR QUESTION. PROBABLY THE FORMER.

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Posted

There is no true time limit but, after 6 months, you are in good shape, and after a year you are pretty much in the clear.

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