
Five New York County Courts Rule that Speedy Trial Rights Apply to Traffic Tickets.
Published on 3/17/25
Five county court decisions have held that a mere traffic ticket must comply with Criminal Procedure Law § 30.30 speedy trial rights, in addition to the speedy trial rights afforded by the Federal and New York State Constitution.
CPL § 30.30 (1)(d) states if the People are not “ready for trial” within thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offense, at least one of which is a violation and none of which is a crime, a motion to dismiss on speedy trial grounds must be granted. CPL 30.30(1)(e) states for the purpose of this subdivision 30.30(1), the term “offense” shall include vehicle and traffic law infraction.
The five decisions are People v. Hector Companioni De La Paz, 2021 N.Y. Misc. LEXIS 5390 (Clinton County Court 2021), People v Pascual, 2023 WL 3995118 (Wayne County Court, April 2023), People v. Pearse, 2024 N.Y. Misc. LEXIS 982 (Essex County Court, 2024), People v. Hirsh, 2024 N.Y. Misc. LEXIS 25716 (Cortland County Court, 2024), and People v. Neupauer, 2025 N.Y. Misc. LEXIS 641 (Greene County Court, 2025). In all five cases, the defendant was charged with one (non-criminal) traffic ticket and the People never filed a Certificate of Compliance. No certificate of compliance means the People cannot be deemed “ready for trial” under CPL 30.30(5) and CPL 245.50(3). In all five cases, the county court overturned the justice court decision and dismissed the charge with prejudice.
The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We want to be known as the law firm that leaves no stone unturned for our clients. Indeed, our law firm is the attorney of record of two of the five aforementioned cases. For any traffic ticket or speedy-trial related issues, you can get in touch with our firm. We take on cases in all parts of New York State, from the eastern end of Long Island to the western Pennsylvania border. Contact us at your convenience for a free consultation