Suffolk County Traffic Ticket Appeal - Speedy Trial

The New York Traffic Courts vary but the Suffolk County Traffic Agency is not one where many would argue that "Speedy Trial" rules, nevertheless a great many constitutional protections, would seem to apply - Suffolk County District Court may not fare better - here, after an appeal, the Suffolk County Traffic Violation(s) remains dismissed on that Speedy Trial(s) ground in  People v. SOGUNMEZ, 2024 NY Slip Op 50563 (2d Dep't App Term 2023).

Traffic Agency, the Suffolk County Traffic and Parking Violations Agency ("TPVA") is the "traffic court" where most motorists encounter police or traffic enforcement for vehicle and traffic violations or New York Traffic Tickets. Most any New York Accident or New York Traffic Matter involves a traffic violation - this case involved the Suffolk County TPVA and school bus traffic infractions.

The Court here notes that "on June 20, 2021, defendant was charged in a simplified traffic information with speeding (Vehicle and Traffic Law § 1180[b]) for driving at a speed of 79 miles per hour (mph) in a 55 mph zone on the northbound side of the Robert Moses Parkway. Defendant was arraigned on September 16, 2021 in the Suffolk County Traffic and Parking Violations Agency and appeared in court on the case numerous times thereafter."

SPEEDY TRIAL

The Appellate Court reviews what occurred at the traffic agency: "the People contend that the motion should have been denied because (1) the requirements of CPL 210.45 (1) were not met, (2) dismissal cannot be based upon the People's "failure to prosecute," and (3) with respect to the court's conclusion that defendant was deprived of his constitutional right to a speedy trial, the court failed to consider the factors set forth in People v Taranovich (37 NY2d 442 [1975]) in reaching its determination."

While the Appellate Court agrees with the Suffolk County Traffic and Parking Violations Agency on one point, it does not think these cases should be perpetually drawn out into the ether (years in this case):

Only the People's contention that the court had no authority to dismiss the accusatory instrument for "failure to prosecute" was properly raised in both the People's affidavit of errors and their appellate brief. The People correctly argue that a "failure to prosecute" dismissal is improper as a court does not have the inherent authority to dismiss an accusatory instrument on this ground (see People v Douglass, 60 NY2d 194 [1983]; People v Zuckerman, 72 Misc 3d 127[A], 2021 NY Slip Op 50587[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2021]; People v Atta-Poku, 63 Misc 3d 131[A], 2019 NY Slip Op 50414[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2019]). Nevertheless, since defendant's motion to dismiss was also granted upon a finding that his constitutional right to a speedy trial had been violated, and, as the People failed to preserve their challenge to the propriety of the court's determination in that regard (see Klein, 7 NY2d 264; Sloane, 2018 NY Slip Op 50697[U]; Rozario, 20 Misc 3d at 83), we do not review that determination.

So what happens if the officer fails to appear for the speeding ticket? Dismissal, not always. Here: "On August 8, 2022, the People were not ready for trial because the trooper was unavailable due to an illness. The case was adjourned to November 10, 2022, at the People's request, on which date the People were not ready for trial because the trooper was unavailable as he was attending mandatory training. The People requested an adjournment, and defense counsel objected and moved for dismissal of the simplified traffic information. Judicial Hearing Officer (J.H.O.) Jeffrey Arlen Spinner adjourned the case to December 12, 2022, marked the case final for trial, and informed the People that the case would be dismissed if the trooper failed to appear again."

How many times is too many? Even after the traffic trial was marked "final," the officer did not show up. The Court dismissed the ticket but the Suffolk County Traffic Prosecutors Persisted! This appeal ensued and the speeding ticket remains dismissed after appellate review:

The Case is People v. SOGUNMEZ, 2024 NY Slip Op 50563 - NY: Appellate Term, 2nd Dept., 2024.

Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)

New York State Traffic, Article 78 and Appeals - New York - Traffic and Parking Violations Agency | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).