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Hope someone can offer something valuable on this:
Returning downstate on Rt. 22 Thanksgiving weekend, picked up for 77 in a 55.
I made a stoopid mistake and was speeding over a rise with no one in front of me to trigger the V1 as warning; the oncoming NYS Trooper blipped once with his instant-on and I knew my goose was cooked.
Knowing he'd gotten me I immediately pulled over and was nearly stopped before he'd started his U-turn.
License and reg. were ready when he walked up. He asked how fast I was going, I replied mid-sixties (defensive estimate); I'd just finished passing a car (the truth). He said he had me at 77. I said "Ugh."
Usual yadda yadda, chat chat and he went back to his car and returned with my prize. Ensuing discussion he offered, 'off the record', that since my license is spotless (his words) and that I cooperated fully, I could show up in court and discuss the matter with he and the judge before trial and we'd try to work something out. I said cool, love your hat, and we were gone. Got home signed "Not Guilty" and checked to request a Statement of Deposition and mailed it in reg., return receipt.
Now (finally) the situation: It's now three days until the trial and I still haven't received my Statement. Back in the Roaring Eighties, I had a bit of a problem with speeding (and authority in general) to the extent that I once had to hire a lawyer. When I saw what he did, request the Statement and then when it didn't appear, request and win dismissal, I successfully used this several more times on my own.
But that was the Eighties, this is now. Can I expect to be able to go to court and claim that since I never received the Statement, a key bit of evidence I'm entitled to for my defense, the case should, respectfully, be dismissed?
Or have they caught on yet?
Thanks in advance,
C.
posted by 130.199...
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