Do I have a right to a speedy trail for a traffic ticket and failure to maintain my lane?
Question Details: I got a ticket for failure to maintain my lane 9 months ago. I went to the traffic clerk the next month and they gave me a court date for the following month to plead not guilty. They gave me a pre-trial date this month and then they gave me a trial date for 2 months from now. That's almost a year. I asked for a speedy trial and was told they don't do that in NV. Do I have the right to a speedy trial?
Yes, there is a right to a speedy trial. But the reality is, courts get back-up or overwhelmed--there are simpy not enough courts or judges--and when they do, less important cases (like traffic citations) tend to the ones that get pushed off...and every court, including all the higher level courts that handle appeals, knows this.
The one year delay is longer than normal, but not truly excessive, and also has almost certainly not actually caused you any provable or demonstrable harm. Therefore, that your trial has taken longer than it should will not result in your case being dismissed automomatically--though it may result in a dismissal if the officer is no longer employed (e.g. quit, resigned, transferred) or can no longer convincingly testify that he recalls what happens. In those cases, the state will effectively have no evidence and cannot prove its case.