Can a ticket be dismissed because the court case has been excessively delayed?
We were given tickets with a court appearance required for "swimming after hours" on 5/22/09 at 4:24 hours. The officers came up to us as we were walking on a path and asked why we were wet, I responded that it was hot. They then asked for ID and issues the summons. The court has delayed the case first to 07/09 and then to 12/25/09. It has been over 180 days can this be simply dismissed due to lack of speedy time? Can this whole thing be dismissed for silliness?
As noted in the answer above, you should specifically request a speedy trial, preferably by written motion. There is no magic time limit, the factors include when you requested the speedy trial and the reason for the delays. For example, it is very difficult to win a speedy trial motion when the case is delayed because the officer is unavoidably deployed overseas in the military reserves, but much easier to win when the officer simply fails to appear repeatedly. I have posted below a link to a recent NJ case that dismissed a DWI becasue of the State's repeated failures to be prepared for trial:
With many of these shore town ordinance violations, the complaints were issued by seasonal (part-time)"special" officers, who are not available later in the year. Feel free to contact me with any questions at 732-793-8808
Answered on 12/30/2009
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B. B., Member, New Jersey Bar
Please check that notice from the court again -- it doesn't really say the case is scheduled for Christmas day, does it? Those computer-generated notices can be fuzzy. If you can't make out a date other than 12/25, call the court clerk, because it can't be right. If it really does say 12/25, there will have to be another new date set.
You have a constitutional right to a speedy trial, and you're correct that under that right, the prosecution has a six-month time limit. However, the six months only starts to run when you specifically request a speedy trial in writing.
There are lots of ways to get wet on a hot summer afternoon. How the police officer plans to prove that you got wet in the pool, when he didn't see you in or (from your question) next to the water, beyond a reasonable doubt, is a very interesting question.
Answered on 12/1/2009
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M.S., Member, Connecticut Bar
There is no legal doctrine whereby cases are dismissed for "silliness." That being said, the "sillier" the offence, the less likely the prosecution will have a strong interest in spending alot of time prosecuting the matter. What this means, from a practical perspective, is that you may be able to obtain a favorable resolution, such as a nolle, or a dismissal in return for community service, fairly easily. However, if you are currently on probation, or, if the prosecutor does appear to be taking this matter seriously, I suggest that you consult with an attorney as soon as possible. Good luck.
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