Transferring Ticket to Another Person

[kentercanyon]

What is the name of your state (only U.S. law)? New York

I have never received a citation nor been involved with the courts, so please excuse my ignorance.

Now, here is the backstory -- I'm an undergraduate, and live in a rented house with three other students. Last weekends, one of my roommates decided she wanted to have a party at our house. We all agreed, as long as she kept it under control. Flash forward to the actual party, and it was anything but under control. And the cops show up.

I decide to be the one to talk with the officer, since my other roommates are pretty drunk and in no state to communicate with him. The cop asks me to kick some people out and turn down the music, and says if he has to come back he'll arrest me. He seemed to be in a pretty bad mood, but whatever. I start asking people to leave, but within 5-minutes he's back and asking to talk to me. He started going on about how I ignored him. I asked him if I could get my roommates to talk with him, but he said he didn't want to. He then wrote me an "Unnecessary Noise Party" Ticket. I have to appear in court dec. 5.

The next day, my roommate who threw the party told me she wants to take responsibility for the ticket, since it was her idea to throw the party, and she would've talked to the cop if she had been in the right state of mind. Normally I would just have her pay the ticket for me. However, they almost always issue a fine + community service around here (Dutchess County, NY), and since the ticket is in my name I would have to do the x-hours of community service myself.

Is there any way to transfer the ticket to her name, as long as she agrees? Or does anyone have any suggestions for what I should do?

The other thing that sucks is that I have a separate moving violation that I have to appear in the same court on the same day, and I feel like having both of these tickets will cause the judge to give me a stricter punishment.

If any of the above needs clarification, let me know. Thanks!

 

[tranquility]

Her guilt is unrelated to yours. No, you cannot "transfer" the ticket.

You must defend yourself. I don't think your story is a defense, even if true. What was the specific statute you were cited for?

 

[kentercanyon]

Here is the statute:

§ 151-5. Unreasonable noise prohibited.
No person shall make, cause, allow, or permit to be made any unreasonable noise within the geographical boundaries of the Village or within those areas over which the Village has jurisdiction, including the waters.

 

[justalayman]

I suppose he could have ticketed every lessee that was there that night as each of them are considered to have control of the premises and as such, each could be found, individually, liable.

I guess you shouldn't have been the nicer person and accepted responsibility.

 

[!CuriousGeorge!]

You can ask the DA if they would be willing to have the defendant replaced (it happens infrequently) - it is allowed. Its called "Motion for substitution of defendant"

 

[justalayman]

You can ask the DA if they would be willing to have the defendant replaced (it happens infrequently) - it is allowed. Its called "Motion for substitution of defendant"

why would they substitute a defendant? The OP is a valid defendant. She stepped forward and took responsibility and as I said before, I believe each of the lessees present could have been cited as each of them were equally liable for the situation in their house.

 

[You Are Guilty]

One can also file a "motion to be a smurf" but it doesn't mean you will be. You do not get to "substitute defendants" in NY.

 

[HighwayMan]

You can ask the DA if they would be willing to have the defendant replaced (it happens infrequently) - it is allowed. Its called "Motion for substitution of defendant"

DA's do not handle violation cases in Dutchess County. Try again. Or better yet, don't - just give up and stop guessing if you don't know an answer.

 

[HighwayMan]

Here is the statute:

What village is this?

Since your friend is being so kind and understanding, have her appear with you and explain to the judge that it was her party and that you simply interacted with the officer.

Maybe you'll get a dismissal, maybe the judge will dismiss and order the officer to cite your friend, or most likely, you'll be found guilty and have to pay a small fine which your friend can then pay for you.

Village ordinance violations should not show up anywhere in a criminal record unless you were actually arrested and booked.

 

[HighwayMan]

And I doubt this will affect your traffic case. If you do have questions about THAT then start a new thread.

 

[HighwayMan]

You do not get to "substitute defendants" in NY.

Correct but some courts do some weird things.

City Court of Mount Vernon (Westchester County) has "corporate substitution" for CMV weights and dimensions violations.

This makes no sense and doesn't seem to be legitimate but I have never questioned the judges about it.

 

[You Are Guilty]

You are correct - I should have been clearer. Corporate substitutions can be done (I think they even have blank forms at the courthouse), but that is only a) when an individual is named in place of a corporate defendant, never between private persons, and b) for issues that are corporate, not personal, in nature. For example, I can do a substitution when a corporation's driver is given an equipment violation ticket. But if the driver got a speeding ticket, it's not going to happen.

All of which I think we agree has no pertinence to the OPs problem.

 

[HighwayMan]

All of which I think we agree has no pertinence to the OPs problem.

Yes, and it's something I never heard of before. Thanks for the info.