NY state misdemeanor speeding (never signed the summons)

New York State misdemeanor speeding ticket.

I was never asked to, nor did I ever sign the summons that was given to me. Above the signature line it reads...

"I acknowledge reciept of this summons. I understand it is my responsibility to read and comply with the instructions on my copy, and that my signature below is not an admission of guilt."

If I never signed it, I never acknowledge recieving it. Does this qualify as grounds for dismissal???

thanks in advance for any advice.

-chris-

CDez04 said:

New York State misdemeanor speeding ticket.

I was never asked to, nor did I ever sign the summons that was given to me. Above the signature line it reads...

"I acknowledge reciept of this summons. I understand it is my responsibility to read and comply with the instructions on my copy, and that my signature below is not an admission of guilt."

If I never signed it, I never acknowledge recieving it. Does this qualify as grounds for dismissal???

thanks in advance for any advice.

-chris-

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Wow you lucked out - just go into court on the date on the ticket and show the judge that you never received it. Then, explain how it is you knew what day you were supposed to show up in court.


Oh, by the way, NY doesn't require speeding tickets to be signed.

Maybe I'll just ask my lawyer, thanks

I was talking about a misdemeanor summons, not a speeding ticket, I know they dont require tickets to be signed.

CDez04 said:

Maybe I'll just ask my lawyer, thanks

I was talking about a misdemeanor summons, not a speeding ticket, I know they dont require tickets to be signed.

Click to expand...

Well, gee, that's funny, cause this is what you said not two posts ago:

CDez04 said:

New York State misdemeanor speeding ticket.

Click to expand...

I was going to try to clue you in to NY law regarding signing "summonses" as well, but heck, why don't you go ask your lawyer that too, and I'll use the time I saved to save the rainforest.

Where and from whom did you receive this "misdemeanor summons?" Speeding in New York State, under section 1180 of the New York State Vehicle and Traffic Law is a violation. A misdemeanor is a criminal offense. Speeding in New York State in and of itself is not a crime; it's a violation/petty offense. Furthermore, traffic violations are generally written on a DMV form. You do not sign these and the none of the wording you cite appears on this document.

I'm curious to know where you received this and what agency issued it.

Perhaps you were issued a summons for reckless driving? This is a misdemeanor.

well it is a traffic ticket according to the top of it. It was issued on the Henry Hudson Parkway right near the GW bridge by an unmarked NYPD car and an officer from the 34th precinct. On the ticket it says I am in violation of sec 1180 sub D. 70 in a 35. On the back of the ticket it has circled "31 MPH or over limit" and then further down "you must appear in person at a hearing office". It is definately a reckless driving or else it would have an amount specified. I've gotten a regular ticket in NY before though that looked nothing like this one, that is why I am somewhat confused. The other ticket didnt even have a space for a motorist signature, this one does.

1180(d) is a speeding ticket, and the reason you have to appear in person is due the the amount over the limit you were, not because it's a "summons". You really might want to consider a traffic lawyer as a 35-over-the-limit is a significant point hit on your license.

This is a speeding ticket, not anything misdemeanor related. It is not reckless driving, that is section 1212 of the VTL. You do need to appear at the NYS DMV adjudication bureau. NYPD regulations do not require the recipient of the summons to sign it; personal service suffices.

That being said, I would advise you to obtain the services of an attorney specializing in traffic law with experience in NYS DMV adjudication hearings. It will be costly, but they are your best hope to get this thing either thrown out or possibly reduced (there are no plea bargains in DMV hearings). The attorney will cross examine the officer to elicit inconsistent/improper testimony. Sometimes it works, sometimes it does not.

I am a resident of connecticut, would any of you know if my CT driving record will be available to the NY DMV??