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How to get dismissal of a Jurisdiction mistake?

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S

smogoms

Junior Member
What is the name of your state (only U.S. law)? NY

A few months ago I was riding my bike in Brooklyn I turned in a dark street with pavement been repaired. Instinctively I jumped on the sidewalk to avoid the cars, that were riding behind me in the same conditions. A cop came out of a convenient store and stop me, put me agains the wall while he wrote a summon for "reckless bike operation".The ticket doesn't says I was on the side walk but it mentions a violation of Administrative Code section 19-176 - c. I read the section and it says the proceeding should be run by the Environmental Control Board (ECB).

Today I showed up at the Criminal Court to respond the summon; When my name was called and I was in front of the judge, he bluntly said it was a 50 dlls fine. I mentioned my observation about the jurisdiction of my case but he said "that's only the case in 19-176-b, and you are violating 19-176-c." I read the spot where it says the jurisdiction is ruled by ECB also in 19-176-c. He ignored my argument and asked if I wanted to plead guilty or not guilty. I said not guilty expecting he would send me to the ECB, but he just gave me an adjournment slip in court in part "SAP". It says if I fail to appear i could be arrested.

What should I do? Keep with the argument of being ruled by the ECB or defend myself in Criminal Court?

Any advice would be helpful.
 


Zigner

Zigner

Senior Member, Non-Attorney
smogoms said:
What is the name of your state (only U.S. law)? NY

A few months ago I was riding my bike in Brooklyn I turned in a dark street with pavement been repaired. Instinctively I jumped on the sidewalk to avoid the cars, that were riding behind me in the same conditions. A cop came out of a convenient store and stop me, put me agains the wall while he wrote a summon for "reckless bike operation".The ticket doesn't says I was on the side walk but it mentions a violation of Administrative Code section 19-176 - c. I read the section and it says the proceeding should be run by the Environmental Control Board (ECB).

Today I showed up at the Criminal Court to respond the summon; When my name was called and I was in front of the judge, he bluntly said it was a 50 dlls fine. I mentioned my observation about the jurisdiction of my case but he said "that's only the case in 19-176-b, and you are violating 19-176-c." I read the spot where it says the jurisdiction is ruled by ECB also in 19-176-c. He ignored my argument and asked if I wanted to plead guilty or not guilty. I said not guilty expecting he would send me to the ECB, but he just gave me an adjournment slip in court in part "SAP". It says if I fail to appear i could be arrested.

What should I do? Keep with the argument of being ruled by the ECB or defend myself in Criminal Court?

Any advice would be helpful.
Click to expand...

c. A person who violates subdivision b of this section in a manner that endangers any other person or property shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars or imprisonment for not more than twenty days or both such fine and imprisonment. Such person shall also be liable for a civil penalty of not less than one hundred dollars nor more than three hundred dollars, except where a hearing officer has determined that where there was physical contact between the rider and another person, an additional civil penalty of not less than one hundred dollars nor more than two hundred dollars may be imposed. Such civil penalties may be recovered in a proceeding before the environmental control board. Enforcement agents shall indicate on the summons or notice of violation issued pursuant to this subdivision whether physical contact was made between the rider and another person. Any person who violates any provision of this subdivision more than once within any six month period shall be subject to the imposition of civil penalties in an amount that is double what would otherwise have been imposed for the commission of a first violation. It shall be an affirmative defense that physical contact between a rider and another person was in no way the fault of the rider.

The operative phrase is "may be recovered." You are assuming it translates to "must be recovered." It does not.
 
Y

You Are Guilty

Senior Member
I'm pretty sure I have posted the exact same response (and link) a half dozen times now. If only some evil supergenius could invent a mechanism that would somehow allow people to read old posts that ask the same questions.

But then again, I've always been a bit of a dreamer.
 
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