A little help with traffic violations NY State.

Discussion in 'The Bench' started by 65_Lark, Oct 15, 2004.

  1. 65_Lark

    65_Lark American Psycho

    Well heres the deal. I was really dumb at like 1 o clock this morning and made a left turn at a red light. (Go ahead laugh at me) And my Riviera came from Florida so there was no front plate on it. Theres not even a bracket for it. But anyway. I was reading my liscence a little more carefully and discovered that he severely screwed up my drivers liscence info. He got the Liscence Number correct but he put my dads expiration date and date of birth on it. And I know I dont look 42. I dont even look like Im 20. Could I use this to my advantage if I plea not guilty?? Or should I take it down to the precint (sp?) building and point out the officers mistake. Hurry need advice within 15 days. :laugh: :laugh:
     
  2. Tufbuick

    Tufbuick Guest

    If an officer of the law writes anything incorrectly on a summons in N.Y.State, bring it to the courts attention immediately when you enter your plea, either in writing or in person, it should be dismissed on that alone.
    Do not give the officer an opportunity to correct his mistake !!!!!!

    GOOD LUCK !!!!!!!!!!!

    P.S. Every ticket I've ever gottin with a mistake on it was DISMISSED !
     
  3. 69GS400s

    69GS400s ...my own amusement ride!

    Ron's the expert here - He's been in the Precinct so many Times They offer HIM Coffee and Doughnuts when he sits in his RESERVED Seat !!! :Dou: :moonu: :rolleyes: :moonu:

    Rumor has it, they're gonna give him a GOLD HandCuff Key for his 75th birthday
     
  4. 65_Lark

    65_Lark American Psycho

    Thanks Ron. Thats actually some reassuring news. Now when you sent your summons in. Were they immediatly dismissed? Or did you have to go to court? I went to the precinct today and the old guy that was at the desk was jokin with me about my hair. Ive got two inch spiked hair. And so I shot back with well maybe Ill put my hair down for court so the cop doesnt recognize me. I really dont want to go to court if I dont have and I cant afford to pay for these tickets. I cant even pay my own damn insurance. Toys R Us doesnt pay very well. I hope they just throw it out with the nice letter I send to the Plea Unit. Cuz according to Mr. Policeman that pulled me over I'm 42 years old. Last time I checked my birth cetificate it said November 5th, 1985.
     
  5. 9secStage1

    9secStage1 Worlds Fastest GS Stage 1

    OK Listen up. First what municipality did you get the summons by. If State Police, what town?

    Next is. Knowing that you clearly made that left on a red :3gears: DO NOT ASK OR CHECK OFF FOR A DISPOSITION on the ticket. What that does is the cop has to write a report regarding the infraction and sends it to the court prior to the hearing. NOT GOOD unless you plan on saying and defending that he was wrong on seeing you eat the light. Remember the benifit of the doubt goes to the cop.

    Prior to mailing it in, go to the court clerks office where you would have to report on the court date and inquire about the incorrect summons. DO NOT go to the police station inquiring. Be polite but DO NOT LET CHANGES TO BE MADE. Don't worry she won't go and get the cop to correct things. She may dismiss the summons or tell you that it has to be brought up in court. Thank her and leave. If she said they will dismiss it GET PAPER WORK stating this for your records. If not, then make a clear photo copy of the summons (front & back) mail in the original CERTIFIED or REGISTERED back.

    Important; When your court date comes up notified by mail. About 2 weeks prior (NOT DAY BEFORE) call the clerks office and tell them you are out of state, business, work, family illness, Dr's appointment, etc. Your new date will be mailed and it may be about 2 to 10 months down the road. Also important get a full name on who you spoke to and write everything down. Now if the new date finally comes up again try this again for a second time. Be creative and be polite. It would be a home run if it goes again. Because once the judge sees this (old date) and sees the mistakes he may just toss it, or the cop may retire, get transferred, or be on vacation thus case dismissed. Or the cop may not care and be easier on working a deal (see option 1)

    Option 1: If and when court comes up it may be a crap shoot. Most times you have the option to talk with the cop (let's make a deal) If you politely tell him that it is incorrect and that you would GLADLY plea guilty to a seatbelt fiine (NO POINTS) he may bite and agree to it. I would suggest go with that option. Do not argue with him, no matter how much a dick head he is, you'll lose trust me on that. Your main objective is getting the ticket tossed or reduced to a no points fine. This option does not apply to NYPD they are too worried about corruption with money. Instead go to Court clerks (see bottom of post)

    Option 2: If you feel lucky...well do ya (Clint Eastwood) Then don't talk with the cop and when you go into the court room, inform the Judge you didn't go through any light and that the summons is incorrect and show him (if he wants to see) the mistakes. He may toss the summons, though he may not.

    Option 3: Get a lawyer, you will pay some bucks and in the end the lawyer will come back to you with it dismissed or that you pleasguilty to a seat belt no points infraction.

    Lastly DRESS IN BUSINESS ATTIRE! Remember you are in the judges home (his court room) Appearance and attitude make a huge difference.

    Also NEVER VOLUNTEER any information freely. If a judge asks you what happened don't say that you went through the light but see the summons was wrong etc. That won't fly.

    Also DO NOT PLEA GUILTY WITH EXPLANATION. You will give your entire Alice's Resturaunt story and after your done the judge will turn to the cop and ask any questions and he'll say nothing. The judge will then say "Guilty" pay the clerk 3 points on your license yaddi yaddi. All this did was to let you express yourself botom line you plead guilty and guilty is what you'll get. DON'T DO THIS.

    Example, My Nephew got a red light summons in the Bronx. The cop BS'ed him saying he will give him the wreckless driving summons which has no points just a fine. Basiaclly BS'ed him. The return date on the summons was a Saturday! I went to the Bronx Criminal Court clerks office and inquired and showed the date. The ticket was dismissed because the date was off by one day. Had I not pressed the issue or had I been an attorney the clerk would have just changed it. But if you are aware of the mistake they should toss it. See the attached sheet. If it is NYPD this is what you should get once it is dismissed. Go to the boro court you recieved the summons in.

    How do I know all of this? Twenty years in NYPD (now retired from the force)

    Best of luck
     

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