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NY - Driving on wrong side of island

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anticrom

Junior Member
NY STATE.
The other day I was pulling into the mall in henrietta, NY. It was late at night, around 1:30am. There was a street sweeper driving the WRONG way in traffic, where I was supposed to turn in. I looked to the left and noticed there was nobody else on the mall road, so I decided the safest thing to do would be to drive into the EXIT. I was now driving on the wrong side of the island that seperates the two sides of the road. I quickly returned to the correct side of the road as soon as possible. There was no further altercation, the road was empty. 30 seconds later I was pulled over by a Sheriff who had apparently followed me into the mall. In my point of view, I did nothing worse than the streetsweeper, and if anything, the officer should have pulled over the streetsweeper. The streetsweeper was the whole reason I had to drive in the wrong side, in order to aviod a head-on-collision. When i explaind all this to the officer, he told me if i was paying more attention I would have seen that there were two lanes to pull into and the streetsweeper was only in one. I told him I did what I had tgo inorder to avoid a headon, and he issued me a ticket for driving on the wrong side of the road.
I believe this would be a easy case to win in court, however, i also received a speeding ticket a week ago. IF i get the maximum number of points for the speeding ticket and my "wrong side of the road" ticket, my liscense could be suspended. Does anyone have any suggestions? Do I need to get an attorney, or will I deffiently win this case in court?
Thanks in advance for your help, I appreciate it.
here is a horrible sketch incase youre having problems visualizing my situation. http://home.rochester.rr.com/anticrom/streetsweeper.JPG
 


seniorjudge

Senior Member
Based solely on the facts you posted, you are obviously guilty.

Now, if you want to go to court and plead guilty with an explanation, the judge may listen to what you think are mitigating circumstances.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

xylene

Senior Member
The correct way to avoid the situation would be to delay your turn.

However I agree that thisw cop was being a ball buster in giving this ticket.

I would suspect from some knowledge of Henrietta that he was looking for any reason to pull you over. You just happened to give him an excellent one.

If your driving priveldeges face suspension you would be extremely wise to consult a lawyer who has experience in traffic cases.
 

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