lschenck00
Junior Member
What is the name of your state (only U.S. law)? New York
I was given a ticket ostensibly for using a cell phone while operating a moving vehicle. I had not used the phone that particular day and my cell phone bill and record (saved of the phone itself) showed no call being made. I objected at least four times to the officer that I had not been using it, but he insisted he saw me with the phone to my ear (erronious). I decided to fight the charge.
The New York State law and Uniform Traffic violation form provides the right and means to request a written deposition from the accusing officer prior to the court hearing. I requested such a deposition and received a letter purporting to be a "deposition". The last line of the "deposition" states that the officer swears that the information contained is true and subject to the penalties of perjury as spelled out by New York State law. The "deposition" had on the signature line the word "COPY" and nothing else. I disclosed this to the justice of the peace twice and he dismissed the objection - the second time quite arrogantly. Am I mistaken, or is the defendant requesting a written deposition entitled to an instrument signed by the accusing officer? If the instrument is not signed how can the defendant rely that the information it claims is true? I was found guilty of the charge and fined $105.00 even after presenting my clean telephone record to the presiding J.P. - he said "the call may not have gone through" even though the regulation states that a violation has occurred only if a conversation is in progress. The regulation further provides that the act of dialing a phone in order to make a connection does not viloate the provisions of the statute. I was never shown a signed original or copy of the requested "deposition". This was not a case of the issuing officer being a "good guy" and giving me a ticket for a lesser violation instead of a violation which would entail me receiving points on my driving record. I was not committing any violation of any sort. I was very surprised to be pulled over and truly shocked when the officer informed me of the reason for pulling me over -"using a cell phone while operating a moving vehicle."
I appealed the conviction based on the unsigned "deposition" and the hard evidence (telephone record) proving I had not used the phone on the day in question. The appeal was denied. The appellate judge ruled that since the court had a signed copy, the deposition was "subscribed" and valid. He also ruled that the "weight of evidence of the lower court" (presumably just the officer's testimony - he had no corroborating evidence) was sufficient. There was no court stenographer in the lower court proceeding, however, in my appeal I noted that my wife was present in the lower court and can verify everything stated above.
I realize that this involves only a $105.00 fine, however, I have been incensed over the failure of the court system to protect my civil rights. I also feel the actions of the deputy and the justice of the peace bordered on felonious crimes (perjury, filing a false police document, and possibly conspiracy). Is there no defense against a police officer making false accusations? Is the onus on the prosecution (the deputy in this case) to prove a case "beyond a shadow of a doubt" not valid in criminal courts of New York State when it involves a purported traffic offense?
What is the name of your state (only U.S. law)? New York State
I was given a ticket ostensibly for using a cell phone while operating a moving vehicle. I had not used the phone that particular day and my cell phone bill and record (saved of the phone itself) showed no call being made. I objected at least four times to the officer that I had not been using it, but he insisted he saw me with the phone to my ear (erronious). I decided to fight the charge.
The New York State law and Uniform Traffic violation form provides the right and means to request a written deposition from the accusing officer prior to the court hearing. I requested such a deposition and received a letter purporting to be a "deposition". The last line of the "deposition" states that the officer swears that the information contained is true and subject to the penalties of perjury as spelled out by New York State law. The "deposition" had on the signature line the word "COPY" and nothing else. I disclosed this to the justice of the peace twice and he dismissed the objection - the second time quite arrogantly. Am I mistaken, or is the defendant requesting a written deposition entitled to an instrument signed by the accusing officer? If the instrument is not signed how can the defendant rely that the information it claims is true? I was found guilty of the charge and fined $105.00 even after presenting my clean telephone record to the presiding J.P. - he said "the call may not have gone through" even though the regulation states that a violation has occurred only if a conversation is in progress. The regulation further provides that the act of dialing a phone in order to make a connection does not viloate the provisions of the statute. I was never shown a signed original or copy of the requested "deposition". This was not a case of the issuing officer being a "good guy" and giving me a ticket for a lesser violation instead of a violation which would entail me receiving points on my driving record. I was not committing any violation of any sort. I was very surprised to be pulled over and truly shocked when the officer informed me of the reason for pulling me over -"using a cell phone while operating a moving vehicle."
I appealed the conviction based on the unsigned "deposition" and the hard evidence (telephone record) proving I had not used the phone on the day in question. The appeal was denied. The appellate judge ruled that since the court had a signed copy, the deposition was "subscribed" and valid. He also ruled that the "weight of evidence of the lower court" (presumably just the officer's testimony - he had no corroborating evidence) was sufficient. There was no court stenographer in the lower court proceeding, however, in my appeal I noted that my wife was present in the lower court and can verify everything stated above.
I realize that this involves only a $105.00 fine, however, I have been incensed over the failure of the court system to protect my civil rights. I also feel the actions of the deputy and the justice of the peace bordered on felonious crimes (perjury, filing a false police document, and possibly conspiracy). Is there no defense against a police officer making false accusations? Is the onus on the prosecution (the deputy in this case) to prove a case "beyond a shadow of a doubt" not valid in criminal courts of New York State when it involves a purported traffic offense?
What is the name of your state (only U.S. law)? New York State
