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How to file a motion to dismiss (based on Speedy trial Violation) traffic court - parking ticket

Great Neck, NY |

The court secretary was no help and said only a lawyer can file a motion, which sounds wrong to me.
so some basic question:
Does the motion have to be printed on Legal size for sure?
Do I drop off a copy by the prosecutor's office (as in serving him/her) and one by the court for the judge?
as a non lawyer what is the right way to do it?

it is for procedural motion to dismiss in traffic court in Nassau county , NY

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Attorney answers 3

Posted

You need a Notice of Motion, an affidavit with your arguments, an affidavit of service, and a blueback. You have to serve it on the prosecutor and file the original in court. Technically, you can't do the service because you are a party to the case.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

Thanks Eric, 1 ) Can notice of motion & affidavit with the argument be in one letter? 2) Can a family member serve the prosecutor? anyone beside me?

Posted

Unfortunately you need to get past the clerk. If they said need an attorney you may be stuck.

Asker

Posted

isn't that illegal? if I have a lawyer proofread my motion why wouldn't I be able to serve it to prosecutor and the judge? any answer on the rest of the questions?

Michael J Palumbo

Michael J Palumbo

Posted

"Proof read your motion..." Yea, bring it to me and I'll get right on it. Because I always like giving away my inventory for free.

Asker

Posted

I did not say for free but thank you for your helpful comment.

Posted

CPL 170.30 states that: “The procedural rules prescribed in section 210.45 with respect to the making, consideration and disposition of a motion to dismiss an indictment are also applicable to a motion to dismiss an information, a simplified traffic information, a prosecutor`s information or a misdemeanor complaint.” I have provided a link to CPL 210.45 below.

The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement

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