14 yr. old speeding ticket in New York

[mjdublah]

I just got a notice from the DMV that my license is being suspended because I failed to respond to a speeding ticket from 1990 in the Town of Greenburgh (in Westchester County).

I went to talk to the court clerk, and they noted that I did enter a not guilty plea, did request a supporting deposition, and did request a trial date. However, they have no record of ever assigning me a trial date. I never received either the supporting deposition (although the court has their copy) or a trial date.

I am going to speak with the judge tomorrow morning (not a trial, however). I am going to request she dismiss it because there's no possible way either the officer (if he's still employed) or myself could remember all the relevant details.

Any suggestions?

Does the right to speedy trial apply in this case?

Thanks,
-Matt

 

[lwpat]

The judge should dismiss the case. If not it is unlikely the officer is even still on the force.

 

[lwpat]

The judge should dismiss the case. If not it is unlikely the officer is even still on the force.

The problem is if they claim you were notified of a court date and did not show. The question then is why is it just now showing up? Courts do not like to admit they have made a mistake so you may have to pay and then go to the DMV and have your license reinstated.

 

[mjdublah]

Thanks for the reply.

It gets much more interesting. I went to court this morning, and waited 2 hours to speak with the court clerk. There were over 100 people there. It seems that the court system is being overseen by the state due to bookkeeping irregularities over the last decade or so.

The court clerk admitted that I did plead not guilty, I did request a supporting deposition, and they never scheduled a court date. They have no supporting deposition on file, and claim they never get a copy. It says right on the Order for Supporting Deposition from the court clerk to the officer that a copy must be filed with the court, along with proof of service.

Nevertheless, they do not have them. I said I would like to maintain my not guilty plea, and I would like to speak with the judge.

The 3 people immediately in front of me had all skipped court dates or not paid owed fines. They all plead not guily (they were asked to re-enter pleas), and were allowed to speak with the judge; they all bargained down from the original tickets.

I was told to go wait in the courtroom until the judge calls my name. After about 15 minutes, the court clerk came over to get me, and told me I could not speak with the judge unless I changed my plea to guilty with an explanation. I said that I would not change my plea, and asked why others were allowed to speak witht the judge after entering not guilty please; she denied it happened (never mind the 100 or so witnesses).

Either way, she told me that they had now decided to start scheduling the county police officers (the issuing officer was a county cop, not a local) to start coming in for trials. She told me that I would be hearing from them with a trial date. I then asked her to confirm that she had said that I could not speak with the judge unless I changed my plea, she said yes. I asked her to confirm that they do not have, nor are they required to have, a copy of the supporting deposition, she said yes. I then asked her if the police officer still works for the county police department, and she said yes. I asked when the trial would be scheduled for, and she said she doesn't know, but they are going to start scheduling them now.

I did get copies of the original ticket, and the order for supporting deposition. Other than that, they claim to have no other records.

Do you think I should try to go speak with the judge on the next civil day (when perhaps there aren't so many people), or just wait to see if they ever send a trial notice?

Thanks,
-Matt

 

[lwpat]

Courts do not like to admit they have made a mistake

I warned you that they would not admit to having made a mistake. You need to talk to the DMV about your suspension since that is the immediate concern. I believe that the notice should have had information on how to appeal the suspension so you need to put that in writing CRRR within the time limit.

All you can do now is to wait until they schedule the trial. If the officer does not provide a deposition or show up for trial then you need to make a motion for dismissal and object if they try to postpone.

It all depends on how much time and effort you want to spend on this issue. You can pay the fine or retain an attorney who should be able to get it dismissed. By making you wait they are deliberately misusing their authority, what else is new in traffic court.

 

[mjdublah]

>I warned you that they would not admit to having made a mistake. You need to talk to the DMV about your suspension since that is the immediate concern. I believe that the notice should have had information on how to appeal the suspension so you need to put that in writing CRRR within the time limit.

Yup, I already took care of it with the DMV.

>All you can do now is to wait until they schedule the trial. If the officer does not provide a deposition or show up for trial then you need to make a motion for dismissal and object if they try to postpone.

Since I have proof from the court that I requested the deposition back when I pleaded not guilty in 1990, and there is no copy of the deposition or proof of service filed with the court, I'm hoping he's lost his opportunity to provide a deposition. The Order for Supporting Deposition from the court clerk to the officer said that he had to file the proof of service and the copy of the deposition either 30 days after the request, or 5 days prior to the trial, whichever is earlier. He's 14 years late.

>It all depends on how much time and effort you want to spend on this issue. You can pay the fine or retain an attorney who should be able to get it dismissed. By making you wait they are deliberately misusing their authority, what else is new in traffic court.

Well, the ticket was for (evidently, since I don't recall many of the details) 75 in a 40, on a parkway. I haven't had a ticket in many years, and I'm fairly certain a conviction would really hurt, as far as my insurance-premium is concerned.

Thanks,
-Matt

 

[Robbie]

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