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  #1  
Old 06-05-2005, 10:22 PM
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Join Date: Jun 2005
Posts: 1

DMV appeal NY . Please help!!!


What is the name of your state? NYC, NY

I just wrote everything I am about to rewrite the first post didnt post.

I recieved a summons for off truck route violation and went to court on it.
while in court the officer refered to a "no thru truck traffic" sign that i should have heeded to. he stated this numerious times.

when it was my turn to speak i was sworn in. I made the statement that there was no sign where the officer stated it was and I made a verbal request to have pictures of the spot where the officer kept refering to admitted into evidence. the request was denied. the ALJ stated I was not issued a summons for a sign violation and would not accept the photos.

the ALJ also made a statement that I was a professional driver and I should know where I was going.

anyway in staten island kangaroo court 98% of the people who go in with out a lawyer are found guilty. and I was...

so now I make my appeal send in the forms made statements as above.
said the judge was partial against truck drivers and that there are 22000 street in new york and not all are marked. and so on... I stated that because the officer kept referencing the sign that even if found guilty of the infraction that the photos should have been allowed into evidence.

here is where it gets good. I recieved the transcript today of the hearing and I DROPPED TO THE FLOOR!!!!!

1: there is a spot in the officers statement that says "(inaudiable-ls)" weather there is one word missing or five words. I think there is a problem with this...

2: the verbal request I made to have the photos admitted into evidence is MISSING!!!!!

3: there are a bunch of "--" in the transcript that makes some sentances incomplete sentences.

I cannot believe I had an unfair hearing and now i consider the appeal to be totally unfiar. if the tape is in its entirty then my request to have the photos admitted has to be on the tape.

I feel I can goto the federal level if need be the way the state handle its hearings.

I have 30 days to notify the appeals board of final arguments and 30 days to notify the transcript company of the errors in the transcript.

funny is the witness statement of the transcriber. I have typed this transcript as recoreded to the best of my skills and abilities. I bet if you give the tape to 5 different transcriber you will get 5 totally different records.

Please help I have another ticket i am going to be found guilty on and it will cause a suspension hearing imediatly after the guilty vertict.

if it will help me in any wat i note that the officer couldnt decide weather he was alone at the time of the stop or not. also he described my truck as a garbage truck as the discription and it was not, does the discription of the veichle he pulled over matter.

any help I would be greatful.
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  #2  
Old 06-06-2005, 11:00 AM
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Join Date: May 2003
Posts: 2,607
Quote:
staten island kangaroo court 98% of the people who go in with out a lawyer are found guilty.
Your answer is in your post. You have just given yourself the best advice, now take it. Try the find an attorney link on this site. Only if no one is listed send me an email and I can give you some resources for a CDL attorney.
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  #3  
Old 06-06-2005, 09:55 PM
Member
 
Join Date: Dec 2004
Posts: 121
DO NOT do the appeal yourself. You need to have an attorney do it. In cases such as yours (where the transcript is inadequate), you have a good shot at having the thing tossed. But you MUST have a VTL attorney do the paperwork. He/She knows best what vocabulary to use and how to word it.

FYI--In the future, do not appear in a NYS DMV traffic court without an attorney.
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