Essex County Court Issues Ruling that CPL 30.30 applies to Traffic Tickets

Published on 4/3/2024

A point of contention between prosecutors and defense attorneys is whether, for a traffic ticket, a prosecutor has to be ready for trial within 30 days of the commencement of the case. On March 4, 2024, in People v. Pearse (2024 N.Y. Misc. LEXIS 982), the Essex County Court ruled clearly that “30.30 rights” apply to traffic tickets. The Benjamin Goldman Law Office was the attorney for the appellant in this case.

The case originated in the North Elba Town Court. Defendant was charged with Moving From Lane Unsafely and Failing to Keep Right. Each violation carried three points and a maximum fine of $243. A conviction of both would put 6 points on her license and trigger another $300 Driver Assessment Fee. The case proceeded to trial after it could not be resolved in pre-trial proceedings. The trial itself was “replete with errors” by the presiding judge who found the defendant guilty of both charges. The Benjamin Goldman Law Office filed an appeal in the Essex County Court and the convictions were overturned. The Essex County Court ruled that both tickets should be dismissed.

The Essex County Court found two grounds for dismissal, but importantly ruled that both tickets should have been dismissed by the justice court when the People were not ready for trial within 30 days. The Pearse Decision joined the Clinton County Court (People v. De La Paz 2021 N.Y. Misc. LEXIS 5390) and Wayne County Court (People v Pascual, Index NO, CV088470) in holding that traffic tickets are included in the CPL 30.30 statute.

If you received a traffic ticket and wish to litigate a 30.30 issue or wish to appeal a conviction on 30.30 grounds, you can contact the Benjamin Goldman Law Office. We have dealt with this situation on many occasions and will be glad to help with your case. Consultations are free.