People v De La Paz

People v. De La Paz, 2021 NY Misc Lexis 5390 (Clinton County Court, October 2021) was an important Decision regarding the speedy trial rights for traffic tickets. The case originated in the town of Champlain, near the Canadian border. Defendant was charged with speeding and the case was not resolved in the pretrial proceedings. The attorney for the Defendant requested that the justice court dismiss the ticket because the People failed to state readiness for trial within 30 days of the commencement of the case. The town court judge denied the motion and the case proceeded to trial, where the defendant was found guilty as charged. The attorney for the Defendant appealed the conviction to the Clinton County Court, which serves as the appellate court for justice courts in Clinton County. In a Decision dated October 29, 2021, Judge Bruno ruled that it was incorrect for the justice court not to dismiss the charges. Judge Bruno ordered the case dismissed pursuant to CPL 30.30(1)(d) because the People were not ready for trial within 30 days of the commencement of the case. Subsequent decisions in County Court were consistent with this finding, People v. Pascual and People v Pearse.

If you received a traffic ticket and think there may be a speedy trial issue, you can reach out to our firm to discuss. We are the Benjamin Goldman Law Office, a state-wide traffic ticket defense firm. Our firm represents motorists from Brooklyn to Tonawanda and all places in between. We provide all motorists with a free consultation so contact us at your convenience.