NY state. 2 moving violations

[anticrom]

NY STATE

I am asking for advice on two seperate traffic violations that I am currently facing. Any help is appreciated.

First of all, I had a meeting with the Assistant Disytrict Attorney this evening to discuss my speeding violation. When I got to the town court, there was nobody there and the lights were turned off. I spoke with a state trooper who was outside of the building, and he oinformed me and the other defendants that the court was closed today for ****** Luther King day. So my question is: Is this situation any benefit to me? should this case be dropped or merely rescheduled.. Note: this is my meeting with the DA BEFORE the court date, not my Actual court date.

Now onto my second violation. I was giving a moving violation for "driving the wrong way in traffic" when i pulled iunto the exit of the mall instead of the entrance. I have heard from someone that police cannot issue moving violation on private property. Is this at all true?

Thank you in advance for any advice you can give me. I appreciate your time.

 

[racer72]

1. It appears the meeting with the DA was not part of the requirements for contesting the citation and would not be cause for dismissal.

2. If the signage was a requirement per law or placed as a reglatory traffic control device, you can be cited for violating the signage. Also, traffic enforcement may also include the entire roadway "right of way", not just the actual road surface between the curbs. The right of way can extend 5 to 30 feet from the edge of the road surface. You will have to determine what requirements are in place for the signage and the actual jurisdictional boundries. The signage requirements can be buried inside a building permit issued many years ago and can be hard to find.

 

[anticrom]

Thanks for responding. Your second response coonfused me a little. If i understand it correctly, your saying thatthe police juristiction may include the entire intersection, even if some of it is on private property, correct? Does it make any difference that I was pulled over when I was further into the private property?

 

[The Occultist]

Where you were pulled over does not matter. With your logic, you can run a red light, but then hurry into a parking lot so the police have no jurisdiction over you.

 

[sukharev]

Ahem...

what you heared is wrong - makes for a nice (sub)urban legend. If the correct "wrong way" sign was posted, you have nothing to argue for. However, if the mall exit only sign was not an official sign posted according to MUTSD, then you may have a shot. Take pictures, download MUTSD and read about it. Keep in mind - that's not an excuse, next time you may not be as lucky and hit somebody exiting the mall.

I don't know what your speeding ticket was about, but I'd either hire an attorney or try to plea bargain for reduced points or no-points violation. Do your homework, and don't go into DA office or pre-trial meeting without clear idea of the options. Few recent good threads on this forum may help you, too. Read as much as you can posts from "You Are Guilty". Good luck.

 

[You Are Guilty]

NY STATE
First of all, I had a meeting with the Assistant Disytrict Attorney this evening to discuss my speeding violation. When I got to the town court, there was nobody there and the lights were turned off. I spoke with a state trooper who was outside of the building, and he oinformed me and the other defendants that the court was closed today for ****** Luther King day. So my question is: Is this situation any benefit to me? should this case be dropped or merely rescheduled.. Note: this is my meeting with the DA BEFORE the court date, not my Actual court date.

How did you get a meeting set for a national holiday? In any event, it makes absolutely no difference to your case one way or the other. At best, you might be able to play on the ADA's sympathy a bit if you casually mention you were forced to cancel your plans to go volunteer at the (Charity of your choice) to go meet with him, only to find out that it was a state holiday. Maybe he'll knock a few bucks off the fine for it.

Now onto my second violation. I was giving a moving violation for "driving the wrong way in traffic" when i pulled iunto the exit of the mall instead of the entrance. I have heard from someone that police cannot issue moving violation on private property. Is this at all true?

Police absolutely can, and sometimes do not even need permission from the landowner. State law defines "highway" and "roadway" (two areas where police have jurisdiction) very broadly, to the point where just about any road/area accessible to the public is fair game and a mall likely fits the bill.

However, there may be an issue as which way is "wrong" and which is "right" depending on the signage that exists. Meaning, you can't go the "wrong" way if there are two identical curb cuts that don't have any markings.