Legal News

Drunk Driving Case Dismissed for Violation of Speedy Trial
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

In an interesting twist of events, a case for drunk driving and speeding was dismissed because the plaintiff did not have a speedy trial. While it may sound like fun, it was not funny at all for the defendant, aged 65, whose case had been dragging on for more than two years, at least two dozen court appearances, and while on 14 trial dates prosecutors pleaded that they were not ready.

Most charges against Teresa Perkins, who was charged with driving while intoxicated, resisting arrest, reckless driving and other related statutory offenses, were dropped earlier in March by Brooklyn Criminal Court Judge Michael Gerstein, who did not dismiss two traffic infractions.

However, the remaining charges were dismissed by Brooklyn Criminal Court Judge Curtis Faber, who noted that even after Gerstein had dismissed the other charges for violating the defendant’s right to a speedy trial, prosecutors continued to delay and at least on four dates submitted they were not ready. While dismissing the charges, Farber observed, “This defendant, facing the least serious level of offense, continues to await trial two years after the date of her arrest.”


Legal Aid Society attorney Bahar Ansari, the defense lawyer of Perkins said that the case was an example of the manner in which even simple matters moved in the criminal court. She said, “It’s emotionally and physically exhausting” for defendants.

During the judgment, Farber also noted that New York’s speedy trial statute does not provide a time frame for traffic infractions, the way it does for felonies, misdemeanors and violations, and “appears to be a legislative oversight.”

Though he did not opine whether the 90-day speedy trial period should apply on Perkins’ traffic infractions, he wrote, “Recognizing that traffic infractions, more than any other kind of offense, are expected to be disposed of summarily, it can hardly be said that this two year prosecution, with over 25 court appearances, constitutes a summary proceeding.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!



Law Clerk


C2 ALASKA, LLC Washington, DC   The Law Clerk II Journeyman- Division of Enforcem...

Apply now

Director of Administration


Director of Administration (Communications/Litigation/Transactional Law Firm) Fletcher, Heald...

Apply now

Legal Executive Assistant


Legal Executive Assistant (Communications/Copyright/Litigation)   Fletcher, Heald & Hi...

Apply now

Department Chairperson, Law Center


Miami Dade College, Wolfson Campus is now accepting applications for the Department Chairperson...

Apply now




Search Now



Jacksonville office of a BCG Attorney Search Top Ranked Law Firm seeks an attorney with 4-20 years o...

Apply Now

General Liability Associate Attorney


Atlanta office of a BCG Attorney Search Top Ranked Law Firm seeks general liability associate attorn...

Apply Now

Wealth Planning Senior Associate/Of Counsel


Reno office of a BCG Attorney Search Top Ranked Law Firm seeks wealth planning senior associate/of c...

Apply Now


To Top