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Old 03-25-2010, 03:46 PM   #1
Aloush
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Traffic ticket court date sent a year later.



I had a ticket in Aug 14 2009 of speeding.

Just today i got the court date notice which is in Sept 13 2010..

thats 1 years and a month later. I thought i heard something in the past that if the date is past a year then the ticket is automatically dropped. is that true?
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Old 03-25-2010, 03:47 PM   #2
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If it were dropped, they wouldnt have sent you a court date.
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Old 03-25-2010, 03:54 PM   #3
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The rule is that the legal system has one year to "commence" legal proceedings against you. They did that the second you were charged with speeding. So no fly zone, regardless, you actually got it quite fast. My seatbelt ticket took about 14 months for me to just get the letter... the court date was two months shy of two years.

Regardless, show up and hope for the best... good luck
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Old 03-25-2010, 04:12 PM   #4
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you were charged but not convicted. what sucks is if you are convicted it stays on your abstract from the day of conviction and not the day of the offense. So if two years passes. Guess what??? you'll need to wait another 3 years for it to be remove from your abstract. Providing you are found guilty. Don't ever think they'll forget about you unless it was intentionally done so by the officer which happened to me in the past for a 6 pointer. He felt sorry for me.
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Old 03-25-2010, 04:25 PM   #5
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^^ good point. I run into this all the time when doing quotes for people. "that was over 3 years ago!".....
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Old 03-25-2010, 05:24 PM   #6
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I got off a ticket like this just go to court and say this was not a speedy trial and it will get dropped.
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Old 03-25-2010, 06:19 PM   #7
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Quote:
Originally Posted by MiroE36 View Post
The rule is that the legal system has one year to "commence" legal proceedings against you. They did that the second you were charged with speeding. So no fly zone, regardless, you actually got it quite fast. My seatbelt ticket took about 14 months for me to just get the letter... the court date was two months shy of two years.

Regardless, show up and hope for the best... good luck
You, my friend, were a sucker. A trial that is almost 2 years after the date of infraction is most likely to get dropped, BUT it doesn't happen automatically. You need to claim an unfair time to a reasonable trial. However, I don't think it's just as simple as going in there the day of court and saying it. There are some letters you need to mail out. There was a website with details on how to do this and when...if someone could post a link.
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Old 03-25-2010, 06:39 PM   #8
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You have to bring a charter motion returnable on the date of trial. There are forms to be filed in advance of your trial. Basically, the delay offends your right to a speedy trial guaranteed by the charter.
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Old 03-25-2010, 10:18 PM   #9
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Your rights has been violated, use the "askov ruling" to get it thrown out, you need to fill some forms and notify the AG.. they are making it harder now.. use to automatically get thrown out after more than 12 months...

google askov ruling and follow instruction..
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Old 03-27-2010, 09:20 AM   #10
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Quote:
Originally Posted by E30 Girl View Post
I got off a ticket like this just go to court and say this was not a speedy trial and it will get dropped.
I had the exact same thing happen. I went to fight the ticket and told them it happened so long ago I had no idea why I was even fighting it. It was 14 months later. It was dropped.
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Old 03-27-2010, 11:36 AM   #11
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Quote:
Originally Posted by E30 Girl View Post
I got off a ticket like this just go to court and say this was not a speedy trial and it will get dropped.
lol no it won't!

Precidents show 12 months is a reasonable delay.
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Old 03-27-2010, 11:43 AM   #12
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lol no it won't!

Precidents show 12 months is a reasonable delay.
The reason mine was dropped was also due to being 'entitled to a speedy trial', according to the judge (not the justice of the peace).
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Old 03-27-2010, 02:12 PM   #13
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^^there's a letter you should send. It was on fyst, that site is down now, but i have a backed up copy if anyone needs.

Remember, you're talking about a charter of rights and freedoms violation. Your right to a speedy trial has been violated. You can usually just tell the DA this when you show up at court and they'll drop it before it even goes to trial, particularly if it was for some bullshit speeding ticket.

BTW, miro, i challenge you to show me where it says that the definition of a speedy trial is within a year. I agree, this is a generally accepted time period, but its not law. Its up to the judge.
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Old 03-28-2010, 03:08 PM   #14
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if you can email a copy to my email spoondc5@gmail.com

i would like to know how to deal wit this thanks!
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