People v. Simmons

Defendant moves to dismiss the uniform traffic complaint number 1558359 which accuses him of speeding on October 10, 1966 in violation of section 1180 (subd. [b], par.-3) of the Vehicle and Traffic Law.

The first basis of this motion is that the court has no jurisdiction over the defendant since a proper complaint has not been filed with the court alleging the commission of the offense by the defendant (People v. Bremner, 51 Misc 2d 632). The People argue that the approval of the complaint by the Commissioner of Motor Vehicles, as required by section 147-e of the Code of Criminal Procedure…