Dismissing Stop sign ticket for incorrect information on ticket

[esq. pending]

I received a ticket for rolling through a stop sign. First I plan to dispute the violation on its face as I am positive that I came to a complete stop. But this rarely works.

The officer however, noted the location of the violation as being on 79th ave and the service road, when in actuality the alleged violation occurred on 78th avenue. in fact, the intersection of 79th avenue and service road does not exist.

Could this be a ground to dismiss the ticket?

 

[You Are Guilty]

ICould this be a ground to dismiss the ticket?

Entirely possible. But I'll give you one guess what happens if the ticket is dismissed on that basis

 

[I_Got_Banned]

I received a ticket for rolling through a stop sign. First I plan to dispute the violation on its face as I am positive that I came to a complete stop. But this rarely works.

The officer however, noted the location of the violation as being on 79th ave and the service road, when in actuality the alleged violation occurred on 78th avenue. in fact, the intersection of 79th avenue and service road does not exist.

Could this be a ground to dismiss the ticket?

What is the name of your State (U S laws only)?

 

[esq. pending]

What is the name of your State (U S laws only)?

The State is NY

and You Are Guilty, what is your "guess" if the ticket is dismissed on this ground?

 

[You Are Guilty]

The State is NY

and You Are Guilty, what is your "guess" if the ticket is dismissed on this ground?

The ticket is re-written with the correct location on it, and handed to you by the nice officer, not only putting you right back at square one, but now having pissed off the officer (and possibly the judge) in the process.

Proceed with care should you elect this route.

 

[HighwayMan]

Is this in NYC? It sounds like a Queens location.

If it is NYC then I have never seen or heard of the NYPD re-issuing tickets. I don't think most NYPD officers even know that it's possible.

I'm sure most judges in the TVB would frown upon that anyway, based on what I see there on a weekly basis.

If this is NYC then bring a copy of a map to court (whatever you present into evidence gets kept by the court) showing that the intersection does not exist.

 

[HighwayMan]

Also, does it say "service road"? What service road? I would say that's ambiguous if it's written that way.

 

[You Are Guilty]

Weird, I had assumed this was upstate, but after re-reading, it might not be.

If it is a NYC ticket, just send a FOIL request to NYC DOT for the installation/repair record for the stop sign at the location listed on the ticket. It will (eventually) come back as "no such sign at specified location". You then submit that document to support your defense. (ALJs believe the DOT. They tend NOT to believe ticketed drivers).

Just be forewarned that it takes some time to get it back from the DOT so you might have to get the ticket adjourned "in order for you to obtain the documents needed in your defense".

 

[HighwayMan]

I think it would probably be easier just to have a copy of a Hagstrom map showing the area and that there is not such intersection.

Could always bring the original map so the ALJ can see that the copy is legit, and he'll take the copy into evidence.

From my vast experience in TVB I would say that would be enough to get it dismissed. Unless the officer knows ahead of time he made a mistake and asks the judge for an amendment, but the judges don't always grant that, especially in a case like this.

 

[You Are Guilty]

I have seen judges refuse to take judicial notice of a map's contents (usually because they were pissed at a pro se defendant), but I have never seen one refuse to accept the DOT record into evidence. They are both means to the same end, I just trust city records over a map you can get from AAA for free.

 

[HighwayMan]

I have seen judges refuse to take judicial notice of a map's contents (usually because they were pissed at a pro se defendant), but I have never seen one refuse to accept the DOT record into evidence. They are both means to the same end, I just trust city records over a map you can get from AAA for free.

My Hagstrom cost $24.99

Seriously though, I can't see an ALJ in the TVB making an issue out of the map. I have never seen anyone present anything from DOT in court. I never would have even thought of doing something like that!

The ALJs tend to accept just about anything reasonable, much to my chagrin at times. I really don't see there being any issue with the map, as long as it's not something the respondent made up himself.

 

[esq. pending]

I wanted to thank Highway Man and You Are Guilty for all your help. Trial was this morning.

The judge was stern all morning, sustaining 6 stop sign violations for the same intersection. Each time, the officer noted the intersection in his notes as 78ave. So I decided to take the approach of impeaching the credibility of the officer's observations that particular night.

I was prepared to ask the officer: 1) if he is familiar with the intersection since he has issued so many tickets there in the last 6 months, 2) if he believes he was alert that night, 3) if there was any way he could have made a mistake, etc. All questions which the officer would have answered affirmatively. I would follow up by showing he was not alert that night, citing 79ave where every other summons he's issued there was 78th ave. My hope was to place doubt on the officer's observation and maintain that I did in fact come to a complete stop.

However, as I approached the bench, the officer informed the judge he misplaced the summons.

Not Guilty 1.2 seconds later.

 

[HighwayMan]

Congratulations. Make sure you stop completely at all stop signs in the future!