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  1. #1
    mildreddave is offline Junior Member
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    improperly displayed registration sticker

    What is the name of your state? New York.

    I got a ticket in NYC for violation of 4-08 (j)(3). The officer alleged that my registration sticker was "improperly displayed" and said in the notes "sticker on dash." In fact, my sticker was attached to the window in the proper place, although one of the corners had come unglued and peeled back a little. All of the information was still clearly visible through the windshield. I took photographs and a witness statement (from my wife, who was with me when we got the ticket). I plead not-guilty via mail and was found guilty. The judge said that I hadn't sufficiently proved that the sticker was improperly attached at the time of the ticket. This seems an impossible burden of proof. What else could I have done? Since I have two people's word against the officers, and photographs, it seems to me that I have more evidence on my side than s/he does, and the burden of proof should be on the prosecution, right?

    My appeal is tomorrow. Any advice would be welcome.
  2. #2
    racer72 is offline Senior Member
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    Hope the judge believes you is your only hope. Your wife statement won't be considered, she will be considered a hostile witness against the state.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    Zigner is offline Senior Member
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    Quote Originally Posted by mildreddave View Post
    This seems an impossible burden of proof. What else could I have done? Since I have two people's word against the officers, and photographs, it seems to me that I have more evidence on my side than s/he does, and the burden of proof should be on the prosecution, right?

    My appeal is tomorrow. Any advice would be welcome.

    Yes, the burden of proof is on the prosecution. Unfortunately, the prosecution has an expert witness who is a member of law enforcement tasked with monitoring these types of things. This expert witness will give evidence (testimony) that he observed that you did not have the sticker properly displayed. Then, it's up to you to prove that the evidence is not correct. Your way of proving that is to have a biased witness testify on your behalf, and then to present photos (that could have been taken at any time, even after you corrected the problem.)

    From the above point of view...how do you think it looks?
    As Racer said - hope you have a sympathetic judge
  4. #4
    xylene is offline Senior Member
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    Quote Originally Posted by mildreddave View Post
    In fact, my sticker was attached to the window in the proper place, although one of the corners had come unglued and peeled back a little.
    You have just admitted you were in violation. While this cop clearly had a quota up his butt, the sticker must be firmly affixed per the law.

    In case it should loosen use a dab of glue. I have used a glue stick applied with a q-tip. Avoid using tape, they can make a stink over that too. (The idea of the sticker is so you can't move it from car to car...)

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