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Speeding ticket pretrial conference less than 30 days away—seek adjournment in hopes of no supporting deposition?

Kingston, NY |

I got a local speeding ticket answerable in a town court to which I timely pled not guilty via mail and requested a supporting deposition. The court has replied with a scheduled pre-trial conference that is less than 30 days from the date the court received the ticket reply with the deposition request. The original appearance date on the ticket was 15 days from the date the court received my reply. There is no trial date specified in the letter from the court; it states one will be set after the pre-trial conference if I refuse a plea bargain. Should I request an adjournment in hopes that the 30-day window will lapse on the deposition? Or take some other action?

(This is a New York ticket and court.) For purposes of discussion, assume a clean driving record, a person with a better than usual understanding of law and court procedure, and no reasonable attack on the evidence. Frankly, while I would readily hire an attorney off the bat if circumstances necessitated, in this case an attorney would cost more than the full freight of the ticket and there aren't enough points involved to be worth the extra money.

Attorney Answers 5

Posted

You can try.

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Posted

Most Courts will grant one ajournment request provided it is requested timely. Act fast!

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Posted

Look, here's the thing. How much is your time worth? Is it worth spending 1 to 3 days in court from 2 to 4 hours each time, all the while not knowing really what you are doing, or is your time valuable enough to spend a few hundred dollars on qualified counsel to do it right AND go to court for you so you don't lose time from your life or job? In the case of our office we even give a money back guarantee so you have nothing to lose and everything to gain. Further, while your query is right on, often times the failure to serve a supporting deposition is best used as leverage to get a good plea; further, just because you received a supporting deposition does not mean that it is proper and converted the complaint to an information. If you do not understand what converting a "complaint to an information" means that is exhibit "A" as to why you should not play counsel on your case. Moreover, if the wrong person serves the supporting deposition it is improper, if an affidavit of service is not filed it is not proper, and even if you get the ticket dismissed because of failure to serve the state can just re-charge you on the long form. There is so much that goes into defending a traffic ticket I could write a book. That is why you should consider retaining counsel if you can afford it. If not, best of luck!
http://www.AttackThatTicket.com
1-877-99-NO-TIX (1-877-996-6849)

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2 comments

Asker

Posted

Frankly, in this case, if it were a matter of "what's your time worth" I would've sent in a guilty plea; it would still cost less than an attorney in the short run. I might not catch every trick a lawyer might, under no illusions about being a lawyer myself, but prepared to research etc. to maximize my chances within reasonable cost. I like the idea of using it as leverage for a plea; can you give me an idea what sort of bargain I should shoot for given an 1180b citation on a clean record?

Michael J Palumbo

Michael J Palumbo

Posted

Yes I could give you an idea on what kind of bargain to shoot for but no I will not give it. You see, as Abraham Lincoln once said "a lawyer's time and advice is his stock in trade." Now suppose you were in business selling nails. I walk into your store and tell you I need nails for a project. Well, you sell all kinds of nails so you consult me what my project is for the express purpose of selling me the right type and quantity of nails. You then advise me on what kind of nails I need, to which I respond "swell, you can now just give them to me for free!" So I'll ask you - would you give me free stuff from your store? No. So at this point for any other advice you are going to have to hire me or another lawyer and pay for it. Or continue to hack your way through it on your own.

Posted

I suggest you hire a local attorney. Each court handles supporting depositions differently.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Here is something the rest of the attorneys above missed!
The cop has 30 days from the date requested or only until the pre-trial conference. So you add to you chances by going to the first one, and cutting down on the amount of time the cop has to issue them.

This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)

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