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

Asked over 4 years ago - 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)

  1. Theodore W. Robinson

    Contributor Level 20

    Answered . 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.

  2. Matthew Jay Weiss

    Contributor Level 14

    Answered . 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.

  3. Michael Douglas Shafer

    Contributor Level 20

    Answered . 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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