Benjamin Goldman Law Office Obtains Speeding Ticket Dismissal in Rush Town Court

A 90 mph speeding allegation in the Rush Town Court (Monroe County) ended with the judge dismissing the charges in their entirety. On September 13, 2026, Town Justice Michael J. Tallon dismissed the ticket under CPL §245.80(1) because the People had not produced discovery and had not filed a Certificate of Compliance. Read the Decision and Order.

A Lesser Sanction Cannot Replace Discovery on the Only Witness

CPL §245.80(1) requires a remedy proportionate to the prejudice from missing discovery. The Rush court started from a narrower point: the People cannot announce they are ready for trial when they have neither turned over discovery nor filed a Certificate of Compliance. It then explained why a softer sanction would not do. Officer Snowden was the key witness and possibly the only witness in the People’s case. Drawing an adverse inference from his testimony, or precluding it, still would have left the defense without the material it was entitled to use in examining him. The court wrote that its job is not only to decide the facts but to make sure the defense has that information. On what the judge called a serious allegation of driving at 90 mph, that prejudice could not be fixed any other way. Dismissal was the proportional remedy, and the uniform traffic ticket was dismissed.

Key Facts (At a Glance)

• Court: Rush Town Court, Monroe County
• Judge: Hon. Michael J. Tallon
• Allegation: Operating a motor vehicle at 90 mph
• Prior Order: August 8, 2026 — discovery and Certificate of Compliance
• Defense Affirmation: September 8, 2026, by Benjamin Goldman, Esq. (uncontested)
• Prosecution: Onondaga County District Attorney’s Office.
• Grounds: CPL §245.80(1) — prejudice from missing discovery could not be remedied
• Result: Dismissed September 13, 2026; read the Decision and Order

Lesson of the Day

Traffic-related charges are generally not won by presenting counternarratives to the police officer’s testimony. Rather, they are won by finding deficiencies in the prosecution of the charges. Like in this case, the attorneys at the Benjamin Goldman Law Office filed a motion for discovery, obtained an order to produce discovery, and when the People failed to comply with the Order, we successfully petitioned the Court to dismiss the charges.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office defends speeding tickets in town and city courts across New York State, including high-speed allegations. When the plea offer is unsatisfactory, the lawyers at the Benjamin Goldman Law Office turn to litigation. Frequently, the subsequent litigation yields a better result than what the client would have accepted in a plea deal. As in this case, where the ticket got dismissed entirely, with no points and no fine. The Benjamin Goldman Law Office got another happy client.

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