I just found out from my driving record that I had a vtl 306.B in 1997 or 98. There have been no action taken on this ticket since
I don't record this ticket but my question is can I get this dismiss for beyond the scope of a normal case/ speedy trial .
I'm still trying to find out why the car was pulled over in the first place .. no the ticket was issued 850csi
When a traffic ticket is issued, you are handed a copy of the ticket. The ticket has a "return date" - a date that you have to respond to it, plead guilty or not guilty. If you plead guilty, a fine is set and you have to pay it. If you plead "not guilty," then a court date is set for you to come and either make a deal or demand a trial. In your case, I assume you were handed a ticket at some point and either lost it or didn't respond to it. So, the time lost was because of you, not the court or the prosecutor - so speedy trial times don't apply. If you NEVER got a copy of the ticket, then you still need to respond to the ticket and show up in court to present your defense. Either way, you will have to show up in court.
Since the offense allegedly occurred more than 20 years ago, it’s not likely the prosecution could get a conviction. Unless the ticket went to a default judgment, go to court and ask to go to trial. Worst case scenario you will have to pay a fine. That violation carries no points.
Please note that answers to questions are for general purposes only and do not establish an attorney-client relationship. Attorney Feraru has practiced for over two-decades dealing in many types of cases, including: personal injury, criminal, family and many other civil matters.
You may be able to get it dismissed but not on speedy trial grounds unless you pled not guilty and you never got a court date.
The Benjamin Goldman Law Office fights traffic tickets exclusively.
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