Speeding Ticket Conviction Reversed in Ovid Town Court (Seneca County, NY)

A Seneca County Court judge overturned a conviction in Ovid Town Court, for one of our clients at the Benjamin Goldman Law Office. The conviction was for speeding, VTL § 1180(b) (75 in a 55), in Ovid Town Court. Why was the conviction overturned? It all boiled down to a technicality – as part of the appellate process, the town court failed to file certain documents. Because of that, the judge reversed the conviction, ordered the DMV to clear it from our client's record, and told the court to refund the fine.

What Happened on Appeal

On behalf of our client, our firm filed a Notice of Appeal on July 8, 2024. The town court was supposed to provide the digital recording of the hearing and a summary of the case (called the Court’s Return) within tight deadlines, and they failed to do so. The attorneys at the Benjamin Goldman Law Office then asked the county court to force production on December 26, 2024. On March 20, 2025, the county court ordered the town court to send the materials— but they still weren’t provided. With no record to review, the county court granted a summary reversal.

Defense Motion & Ruling

Because our team is experienced in traffic law, we had knowledge of a prior relevant ruling called People v. Feldes. This Court of Appeals Decision set the precedent that when a lower court doesn’t provide the materials needed for an appeal—despite being required to—an appeals court can simply reverse the conviction. That’s what happened here. The county judge reversed the conviction, told the court to file a UT-20 form so that the DMV removes the conviction, and ordered a refund of the fine.

Key Facts (At a Glance)

• Lower Court: Ovid Town Court, Seneca County, NY
• Charge: VTL § 1180(b) – 75/55 (speeding, going 75 in a 55)
• Appeal Filed: July 8, 2024
• Record Problems: No audio recording; no timely Court’s Return (required for appeals)
• Motion to Compel: December 26, 2024
• County Court Order: March 20, 2025 (send the Court’s Return within 20 days)
• Outcome: Conviction reversed; DMV expungement via UT-20 within 10 days; fine refunded
• Judge: Hon. Barry Porsch, Seneca County Court Judge

Why Appellate Records & Deadlines Matter

Appeals run on deadlines and documents. If the lower court does not send the audio recording and the official summary on time, the appeal cannot move forward. New York law lets a higher court fix that by reversing the conviction so the defendant/appellant is not stuck waiting forever. That’s exactly what the court did here, following the Feldes rule.

Charged with Speeding in Seneca County or Anywhere in NY?

If you were convicted for VTL § 1180(b) or any other traffic related charges, and want to consider an appeal, we can review your case. Get in touch with us at your convenience and we can discuss your options, grounds for appeals, and odds of success.Consultations always are free.

Fight your Ticket CALL NOW FIGHT YOUR TICKET NOW