Monday, October 13, 2014

Traffic Ticket / Traffic Infraction / UTC / Uniform Traffic Citation / Speedy Trial / Red Light / Ran Red Light / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    Is there a time limit on traffic infraction cases in the same spirit of right to speedy trial for criminal cases?  I got a red light ticket about 8-9 moths ago and just now getting a court date. Is there a procedural violation you could argue because they keep stringing this along?


A:  

Michael Adam Haber

PRO

Contributor Level 20
Answered Yes. 180 days from the date of issuance.

If it was a red light camera ticket then it'll be 180 days from the date that it became a UTC (uniform traffic citation), NOT the date that you ran the light (and that could be 30-90 days additional).

Check the date that the UTC was issued as that controls.

If 180 days passed - and no delay / continuance was attributable to you - then the Court has no jurisdiction and must dismiss. (Unlike criminal cases there is no "window of recapture... after day 180 you're entitled to a dismissal.)

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 




Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. "its all about reasonable doubt"!

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the "Like" button:  www.facebook.com/haberpa 


No comments:

Post a Comment