Do I have a right to a speedy trail for a traffic ticket falure to maintain lane in Nevada

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Do I have a right to a speedy trail for a traffic ticket falure to maintain lane in Nevada

I got a ticket for failure to maintain my lane NRS 484B.2231a in November 2018, went to the traffic clerk in December 2018, they gave me a court date in January 2019 to plead not guilty, they gave me a pretrial date in July 2019, they gave me a trail date in September 2019. That’s almost a year I asked for a speedy trial and was told they don’t do that in Nevada. My question is Do I have the right to a speedy trial in Nevada.

Asked on July 5, 2019 under General Practice, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

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.


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