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Take a deal; procedural defenses based on
Posted by DER (more from DER) on Wed, 10 Dec 2003 19:53:53
In Reply to: Speeding ticket advice in NYS sought, Chuck, Tue, 9 Dec 2003 10:43:35
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technicalities only work if the prosecution chooses to ignor them. Defects like wrong names, etc. can usually be cured by the prosecution on motion if they care to go to the trouble. Speeding tickets when tried on the merits are almost never, read never, successful. The most important issue for most cops is whether you acknowledged his authority and did not treat him like an idiot for doing a righteous bust. You handled the stop well enough to get the offer, if not just a warning which was the goal then, now finish it off by not p'ing everybody off and work a deal. Go for a two pointer like failing to obey a traffic control device, Section 1110(a) [any traffic sign including speed limits], a two pointer last time I looked. Everybody knows what it means, and it is one of the ways to settle these cases when the cop is willing to give somebody a break. If the fix was really in, you would be offered an equipment violation, like my first bad muffler ticket. Those days are gone in most courts. 10 or less over, and your insurance company cannot terminate your coverage. 11 or more and you begin to enter candidate territory. The DMV system does not keep convictions forever; you can do a search by mail with DMV for a fee, but you no longer have time. My old faux pas are no longer on the NY computer system. Try to go with the flow and hope that your request for the bill of particulars did not pee off the trooper because of the extra work he was asked to do. Good luck.
NY V&T § 1110. Obedience to and required traffic-control devices.
(a) Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
posted by 66.24.3...
Posts in this Thread:
- Speeding ticket advice in NYS sought, Chuck, Tue, 9 Dec 2003 10:43:35
- Take a deal; procedural defenses based on, DER, Wed, 10 Dec 2003 19:53:53 <-- Viewing This Message
- pay it and get on with life! sh*t happens! nm, sab, Tue, 9 Dec 2003 17:45:02
- Not sure if this will help... but try...., 900psi, Tue, 9 Dec 2003 11:34:58
- same thing happened to me in Whitehall, VTim, Tue, 9 Dec 2003 11:13:27
- Summary, Chuck, Tue, 9 Dec 2003 11:33:58
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