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

Published on 4/3/2024 - Updated on 3/19/25

A point of contention between prosecutors and defense attorneys in New York State is whether, for a traffic ticket, a prosecutor has to be ready for trial within thirty 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 of record for the prevailing 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 six points on her license and trigger another $300 Driver Responsibility Assessment Fee. After it could not be resolved in pre-trial proceedings, The case proceeded to a non-jury trial. The presiding judge 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. Importantly, the appellate court ruled that both tickets should have been dismissed by the justice court when the People were not ready for trial within thirty days. This 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 successfully dealt with this situation on many occasions and will be glad to help with your case. Consultations are free. The Benjamin Goldman Law Office handles cases throughout New York State and handles all types of traffic related charges. Consultations are free.