Avoca town, NY - speeding

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

Does the guilty plea with explanation work for Avoca township?

Kids playing/screaming in the back and causing distraction.

A guilty plea with an explanation is a guilty plea. Period. I doubt a judge will take your screaming kids into account.

And you are contradicting yourself. You say "Avoca town, NY" but then you say "PA" when asked what is the name of your state. Which is it?

sysshk said:

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

Does the guilty plea with explanation work for Avoca township?

Kids playing/screaming in the back and causing distraction.

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**A: were you speeding in NY or PA? Regardless, the reasons you gave are not justified. Screaming/playing kids would make you drive faster than the speed limit?

speeding in NY but Veh registerd in PA

Okay, so this is a New York issue.

So you can mail in your Uniform Traffic Ticket with a guilty plea, write your explanation in the appropriate space, and then the court will send you some documents explaining what the fine is and how to pay it.

thats why they put radios in cars

crank up the volume ... really though, screaming kids may make you seem crazy but thats not a defense. How old is this post, 1940's?

new york thinks its OK to violate your rights

You have little chance at winning this speeding case if you are not willing to put alot of effort into it.

Luckily in the crappy state of NY, rules of evidence dont apply so you can introduce almost anything you want ... this can be helpful in an affirmative defense. I would start downloading videos from youtube about LIDAR panning issues and get ready to show the "judge", from cross examination, that these errors are almost impossible for a cop to avoid. LIDAR was accepted by the states to protect officers from radiation exposure (although there has been no scientific evidence to support such a claim -- likely some cops were cry babies -- worried like people are from cell phone usage & brain tumors).

Interestingly, since this is an administrative hearing, the Melendez-Diaz case of SCOTUS could be argued as applying to the hearing which would negate many documents the state wishes to offer as evidence. I have not seen the melendez case cited in administrative hearings yet (have seen cases for DUI, speeding cases of criminal nature, and others though)... the hearing officer likely would have no clue the implications if finally ruled on by a federal court.
I would still make the argument that the rules in the administrative hearing are not consistent with the melendez case. I expect the melendez case to wipe out all of these kangaroo hearings.

You don't pay attention and you are confusing posts.

THIS is not an administrative hearing. It would be a trial in a Town Justice Court.

HighwayMan said:

You don't pay attention and you are confusing posts.

THIS is not an administrative hearing. It would be a trial in a Town Justice Court.

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Having dealt with a few upstate Town Courts, they are not all that far off from admin hearings in terms of how they operate

admin hearings are only allowed in populus areas

is that correct, like New York City; others do it via "regular" traffic court ....

"Populus areas"? What are those?

Are you asking a question or trying to make a statement?

The Traffic Violations Bureau operates in western Suffolk County, the five counties that comprise New York City, and the cities of Buffalo and Syracuse.

You Are Guilty said:

Having dealt with a few upstate Town Courts, they are not all that far off from admin hearings in terms of how they operate

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Which ones might you be referring to?

Avoca is pretty far up there!

HighwayMan said:

Which ones might you be referring to?

Avoca is pretty far up there!

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One up between Syracuse and Rochester whose name I don't even remember, and another real doozy up toward the north end of the Taconic.