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Hi,
I recently received a minor traffic ticket. But, if found guilty I
am liable for a fine of up to $150 bucks & 2 points on my license.
On date on the ticket (that I was to show up at town court) clearly
read 10/30/04 @ 6PM. I showed at the noted time & place, (a Saturday),
and as I supposed, there was no court. So I went next door to the Police
Dispatcher to document my presence.
After speaking with the court clerk that Monday, I pled Not Guilty.
I now have a Trial Date of 12/8/04.
MY QUESTION: Do I have firm grounds to have the ticket dismissed?
If so how do I go about this? (In New York State).
Thanks Much, --- Dave
Please post here or you may email me directly by removing NO6SPAM
from my addy above.
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Hi,
I recently received a minor traffic ticket. But, if found guilty I
am liable for a fine of up to $150 bucks & 2 points on my license.
On date on the ticket (that I was to show up at town court) clearly
read 10/30/04 @ 6PM. I showed at the noted time & place, (a Saturday),
and as I supposed, there was no court. So I went next door to the Police
Dispatcher to document my presence.
After speaking with the court clerk that Monday, I pled Not Guilty.
I now have a Trial Date of 12/8/04.
MY QUESTION: Do I have firm grounds to have the ticket dismissed?
If so how do I go about this? (In New York State).
Thanks Much, --- Dave
Please post here or you may email me directly by removing NO6SPAM
from my addy above.
this really isn't the place to get a crash course in fighting a ticket (you
don't
even mention what type of ticket you received). for starters, try
www.motorists.com,
tons of info there on fighting tickets. you're probably going to want to
start
by filing a motion to get your date moved out to give you more time to
prepare, not to mention give yourself time for any discovery motions you
may want to file. the ticket cost is nothing next to the potential
insurance
surcharges. if you're not prepared to learn all about this, it might be
worthwhile
to hire an attorney.
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just dave wrote:
Hi,
I recently received a minor traffic ticket. But, if found guilty I
am liable for a fine of up to $150 bucks & 2 points on my license.
On date on the ticket (that I was to show up at town court) clearly
read 10/30/04 @ 6PM. I showed at the noted time & place, (a Saturday),
and as I supposed, there was no court. So I went next door to the Police
Dispatcher to document my presence.
After speaking with the court clerk that Monday, I pled Not Guilty.
I now have a Trial Date of 12/8/04.
MY QUESTION: Do I have firm grounds to have the ticket dismissed?
If so how do I go about this? (In New York State).
Thanks Much, --- Dave
Please post here or you may email me directly by removing NO6SPAM
from my addy above.
Knowing in advance the court date was on a day most likely the court was not
open, why did you not contact the court BEFORE the date?
They would at least give you another time to appear when they would be open.
Which then would give you more time to prepare.
If your plea is based solely on the court date being wrong, don't count on
winning.
I fail to see where a "minor" traffic ticket would give you 2 points on your
license.
But since you have entered a "not guilty" plea, perhaps you should speak to
an attorney to see if you really have a case or not.
As a trucker, I got cited once for being overweight.
The ticket I got was not readable as apparently the officer failed to put
the carbon in the right place.
She also failed to explain that I had to appear in court.
I did not appear in court but I had sent a letter to the court requesting
the ticket be quashed on the grounds it was unreadable.
That did not matter. Because I failed to show, I got zapped with a stiffer
fine than you have to pay.
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The ticket was for "unsafe start" sec.-1162. Motorists.com doesn't seem
to fit my needs, although I may seek more info there. I plan on speaking
with the Officer on court night (Dec. 8TH), pre-trial. I hope to
negotiate an ACD (adjournment in contemplation of dismissal) or
reduction to a non-point offence (I understand the possible hefty
insurance increases). If the Officer is not amenable, then I will ask
for an adjournment, for more time to prepare. I thought that in
NY if you are present for a court date, and the Officer is not, the
ticket could/should be dismissed.
Part of my fall back strategy (could ?) be attempting to prove that I
am not guilty of sec.1162 which states; "..., vehicle can not be moved
until such movement can be made with reasonable safety". I hope to prove
that my start was not inherently unsafe. Also, a minor point, perhaps
insignificant, that the ticket has the wrong year noted for my
motorcycle.
I am prepared to learn as much as necessary, so I don't think a lawyer
is needed (&/or cost-effective). My final solution may be to take my
lumps, points, and the Point Reduction Driver Ed. course. Thanks,
--- Dave
------------------------------------------------------ Dave wrote:
I recently received a minor traffic ticket. But, if found guilty I am
liable for a fine of up to $150 bucks & 2 points on my license.
=A0=A0On date on the ticket (that I was to show up at town court)
clearly read 10/30/04 @ 6PM. I showed at the noted time & place, (a
Saturday), and as I supposed, there was no court. So I went next door to
the Police Dispatcher to document my presence.
=A0=A0After speaking with the court clerk that Monday, I pled Not
Guilty. I now have a Trial Date of 12/8/04.
=A0=A0MY QUESTION: Do I have firm grounds to have the ticket dismissed?
If so how do I go about this? (In New York State).
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0Thanks Much, --- Dave
------------------------------------------------------Rob wrote:
this really isn't the place to get a crash course in fighting a ticket
(you don't
even mention what type of ticket you received). for starters, try
www.motorists.com,
tons of info there on fighting tickets. you're probably going to want to
start
by filing a motion to get your date moved out to give you more time to
prepare, not to mention give yourself time for any discovery motions you
may want to file. the ticket cost is nothing next to the potential
insurance
surcharges. if you're not prepared to learn all about this, it might be
worthwhile
to hire an attorney.
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I assumed (perhaps incorrectly) that if I showed up on the date stated
on the ticket & the Officer DID NOT the ticket could be dismissed (in
New York State).
The ticket was for "unsafe start" sec.-1162 NYS Vehicle & Traffic Law.
I may attempt to prove I am not guilty, If it goes that far. Please see
my response to Rob in this string.
Thanks, --- Dave
-----------------------------------------------------Richard wrote:
Knowing in advance the court date was on a day most likely the court was
not open, why did you not contact the court BEFORE the date? They would
at least give you another time to appear when they would be open. Which
then would give you more time to prepare. If your plea is based solely
on the court date being wrong, don't count on winning.
I fail to see where a "minor" traffic ticket would give you 2 points on
your license.
But since you have entered a "not guilty" plea, perhaps you should speak
to an attorney to see if you really have a case or not.
As a trucker, I got cited once for being overweight. The ticket I got
was not readable as apparently the officer failed to put the carbon in
the right place.
She also failed to explain that I had to appear in court. I did not
appear in court but I had sent a letter to the court requesting the
ticket be quashed on the grounds it was unreadable. That did not matter.
Because I failed to show, I got zapped with a stiffer fine than you have
to pay.
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ere are some traffic ticket facts. How many traffic tickets there
are? What to say to the police and not say and what to do if you
decide to fight your traffic ticket by going to court. And how to
avoid getting them in the first place.
Although we are a traffic school, we want to help you avoid getting
traffic tickets. Avoid having to go to a defensive driving course like
ours and avoid paying more money on your insurance policy.
First you need to know that there are two major types of traffic
tickets - tickets for moving violations and tickets for non-moving
violations. Moving violations include speeding, failure to obey
traffic signs or lights, illegal turns, or doing anything else illegal
while your car is in motion. Non-moving violations are for offenses
like parking your car illegally.
TICKET FACTS: Every year, over 34 million people receive a traffic
ticket from a police officer. Most traffic tickets charge fines
averaging around $150.00. 34 million tickets at $150.00 equals profits
of over $5 billion. The money collected from traffic tickets supports
much of our civil service industry, including police officers,
accountants, court secretaries, bailiffs, judges, district attorneys,
insurance companies, attorneys, and traffic schools like ours at,
www.internettrafficschool.com
The number one rule of not getting a traffic ticket is not putting
yourself into the position of looking like you should get one. Here
are some of the things you should be aware of. Your car's color,
modifications, condition, cleanliness, and stickers.
The best way to avoid a traffic ticket is to make sure that nothing
about your car draws an officer's attention. Flashy and bright colors,
particularly red, draw a person's attention, namely a cop's attention.
Light, pastel colors have a tendency to blend with the environment and
dark colors like black not only blend in, they look serious. So, if
you have chosen a brightly colored vehicle, know that your chances of
getting pulled over are higher than the racer in the black car
speeding past you. Thus, be more wary about that you are more visible
if your car is red.
MODIFICATIONS:
Any additional sound or light modifications can also draw a cop's
attention. Neon running lights, thumping sound also mean that with
your cool-style points, you will also get more points on your license
(the more points you get on your license, the closer you are to losing
your license, possibly permanently). And, cops also seem to hate
tinted windows. If you don't have tinted windows, don't get them. If
you do, make sure you immediately roll all of your windows down the
minute you get pulled over. This allows the cop better vision into
your car giving her/him more confidence about the situation. When the
cop is relaxed, your chances of avoiding the ticket are better.
CONDITION
Cars, like clothes, make can make a good or bad impression. People who
take care of their cars look like they're responsible drivers. And a
dented car is one that has gotten into accidents before, thus catching
a cop's eye better.
APPEARANCE
The cleanliness of your car also makes a definite impression with the
cop who pulls you over. Make sure the exterior of your car is clean,
but also focus on the interior. Clean out the inside of your car from
clutter. Make sure that your glove box is fairly clean so that you
don't have to search for your registration.
STICKERS
There are two kinds of stickers that you should really avoid, anything
anti-cop or pro-violence. The second kind that are drug related such
as dope stickers or Grateful Dead stickers will catch a cop's eye and
usually lead them to make assumptions about drug use.
TICKET QUOTAS
Most police departments give traffic tickets on a quota system. This
means that there are some times of the month when you are more likely
to get a tickets. First, be wary during the first week of a month;
this is when the most aggressive cops give out the most tickets.
Second, be wary the last week of the month; this is the time when cops
who haven't given many tickets are under the pressure to give out
more. And on Sundays mornings, because it is easy to give out tickets
to people going to church, good people =3D a smaller chance of getting
shot
GETTING PULLED OVER
When you get pulled over, you naturally think to not say anything at
all for fear of saying the wrong thing. TALK! Because silence is often
an indication of something to hide.
The first thing you need to know is what to call the cop that pulls
you. So you need to try to guess the officer's proper title:
If the officer's uniform has three or more stripes, chances are, (s)he
is a Sergeant.
One or two stripes usually indicates a Corporal.
An officer with no stripes but in a State Police car is a Trooper. No
stripes and a County car is a Deputy. If you aren't sure, stick with
"Officer."
DO NOT treat a female cop differently. Don't say anything to a female
cop that you would not say to a male cop.
HOW TO GET OUT OF IT
CRY: If you're willing to try to get out of a ticket you probably
deserve, you may have to cry because police tell us that works. But
you have to really CRY. Let it all out in a sobbing, hyperventilating,
bawling kind of cry. When the officer asks you if you are okay, just
say no. Tell him/her that you're scared. Just make it believable. And
keep on crying.
BEG: If the cop seems intent on writing you a ticket, tell them you
just can't afford the fine. They may at least charge you with a lesser
offense than what they had originally planned. Tell the officer that a
ticket on your record could impact your job. Or mention that you might
get in huge trouble at home for a ticket..
DON"T SAY THESE THINGS:
1=2E "What's the problem officer?" This immediate response most people
have has become a clich=E9 for officers. They hate it.
2=2E "Was I ________?" (fill in with whatever traffic rule you were
violating). A guilty admission from you that you knew you were doing
something wrong.
3=2E "I'm sorry" unless you really mean that you are truly sorry because
this usually stands for, "I'm sorry that you caught me."
4=2E "You just stopped me because I'm ________." Put your race in here.
If the cop is racist then this remark isn't exactly going to help your
situation and might serve to anger the officer. And if the officer is
not racist, then you've just accused him/her of it.
5=2E "I'll see you in court," This will put the officer on defense and a
defensive cop is more likely to give you a ticket.
6=2E NEVER get out of the car unless instructed to do so.
7=2E NEVER reach for your pockets or under the seat without first
explaining why.
8=2E NEVER open your glove box unless asked to do so by the officer.
9=2E NEVER allow your passengers to talk to the officers unless
instructed to do so.
10. NEVER consent to a search of your car without first asking for
probable cause.
GOING TO COURT:
So none of our advice worked and you are going to court. All is not
lost however. Over 95% of traffic tickets are not contested, but
that's because people are lazy, pay up or choose to go to traffic
school. Naturally, as an online traffic school (
http://www.internettrafficschool.com ) we are biased but going to
traffic school is in 90% of the cases you
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