Flahavan v. Allen

By this article 78 CPLR type of proceeding, petitioner seeks an order prohibiting respondent from trying petitioner on a charge of speeding. The material facts are not in dispute.

Petitioner was personally served with a uniform traffic ticket charging her with speeding 45 miles an hour in a 30-mile-an-hour speed zone in the Village of McGraw on September 9, 1966 at *106410:00 p.m. The ticket was served by an officer of the Cortland County Sheriff’s Department and it notified petitioner to appear on September 10 at 2:00 p.m. before respondent, the Police Justice of the Village of McGraw.…