NYC traffic misdemeanor

[Ben Freeman]

What is the name of your state (only U.S. law)? Pennsylvania

My girlfriend and I were out in NYC at a Manhattan club on a Friday evening a month or so ago, and around 2am or so we decided to leave the club and return back to my girlfriends house in Pennsylvania where we are from. So I'm driving through the city and was following and van down a street, and we get to an intersection with a cop van blocking the way foward to the next block. The police van sees the van ahead of me, pulls back his van to let the van in front of me go through down the street he is blocking off. I see the police van let the van in front of me go through, so I quickly decide to follow the van through as well. As I go to pass the police van pulls back to block the intersection and hits his lights, pulling me over. He asks for my papers, and asks if I've been drinking (which I ballsingly told him I had a few beers, a few hours ago, but he didn't pursue that angle), he stares at me, then writes me out a traffic misdemeanor for 240$ and now I have to take off work to go back to court in NYC for this . He came back to the car and literally threw my papers and license back at me and walked away without saying a word. The cop wouldn't even let me explain I was not intentionally trying to disobey him, I honestly thought he was letting me go through the street.

What can I do about this? Do people fight tickets up there? I don't want to hire a lawyer cause that would cost more than the ticket. Can I do a write in in NYC and fight it that way? I see you can do that in California, but I'm not sure about New York. If I get prosecuted, I may get my license taken away from all the points I already got plus this, and since it's a misdemeanor, now I get a criminal record, for a misunderstanding?

the traffic ticket said: " disorderly conduct - refusal to comply w/ lawful order"

For one, I didn't refuse anything, he didn't warn me, or tell me not to go that way, he just hit the lights and pulled me over. Ben

Would should I do?

[seniorjudge]

Ben, what was the statue number you are charged under?

It doesn't sound like a traffic offense (thus, no points), but we need to know the exact law first.

[Ben Freeman]

I think this is the statue number:

In violation of:

sec 240.20 sub 6 ? And it has :"penal law" checked down as well.

[seniorjudge]

Section 240.20 Disorderly conduct

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:

1. He engages in fighting or in violent, tumultuous or threatening behavior; or

2. He makes unreasonable noise; or

3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or

4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or

5. He obstructs vehicular or pedestrian traffic; or

6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

Disorderly conduct is a violation.

http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm



Note that it says that this is a "violation". I am not an NY attorney so I have no idea what that means but I GUESS it means an infraction or summary offense, i.e., piddly stuff that does not even rise to a misdemeanor level.

[Ben Freeman]

The "violation" part was just a check box. He didn't write that on the ticket. Just to clarify, but you might already know that.

[You Are Guilty]

Originally Posted by seniorjudge

Note that it says that this is a "violation". I am not an NY attorney so I have no idea what that means but I GUESS it means an infraction or summary offense, i.e., piddly stuff that does not even rise to a misdemeanor level.

I am a NY attorney and Mr. S. Judge is mostly correct.
"Violation" means an offense, other than a "traffic infraction,"for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. [PL s. 10(3)]
PL s.70.15

Violation. A sentence of imprisonment for a violation shall be a
definite sentence. When such a sentence is imposed the term shall be
fixed by the court, and shall not exceed fifteen days.
In the case of a violation defined outside this chapter, if the
sentence is expressly specified in the law or ordinance that defines the
offense and consists solely of a fine, no term of imprisonment shall be
imposed.

PL s.80.05

4. Violation. A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding two hundred
fifty dollars.

{edit}

You may also want to read this story, (written by a Justice from the NY County Supreme Court) which discusses the impact of "violations" on background searches:
http://www.gothamgazette.com/article/law/20070829/13/2272

[Ben Freeman]

So, I am having trouble figuring this out, you put 2 quotes of "violation" down, one with jail time, one with a fine. Technically I could get jail time for this?
That is f--ing ridiculous.

[You Are Guilty]

Originally Posted by Ben Freeman

So, I am having trouble figuring this out, you put 2 quotes of "violation" down, one with jail time, one with a fine. Technically I could get jail time for this?
That is f--ing ridiculous.

Technically, you might wake up and find out you grew a tail last night. As a matter of probability, the possibility of jail time on a DC charge is right around the same level. The potential jail time is listed as a method of defining what a "violation" is (as opposed to, say, an infraction). It is, by no stretch of the imagination, a suggestion that it's likely.

Were I a betting man, I would wager that you would be offered an "ACD" (adjournment in contemplation of dismissal) in lieu of the fine without much asking on your part. With an ACD, if you keep out of trouble for 6 months, the ticket/charges are dropped as if they never happened.

Of course, a lawyer is never a bad idea, but on something like a 240.20, bringing one to court with you just makes you look rich

[seniorjudge]

Originally Posted by You Are Guilty

...


Of course, a lawyer is never a bad idea, but on something like a 240.20, bringing one to court with you just makes you look rich

...

Would that impress a New York judge?

Folks around here thought I was uppity for wearing shoes.

[You Are Guilty]

I recall going with a client to a similarly weak violation because he was nervous it was being heard in Criminal Court and the court officer looked at me like I had two heads when he saw the case I was checking in on. Case got called before I could speak to the ADA as they apparently never saw anyone bring a lawyer for that charge before and just assumed he was there pro se. I was expecting a whopper of a fine but luckily, weaseled out of it with a short ACD


OP, I did a quick check and there are tons of prior NY violation and ACD posts. Click "search" above and enter those terms for more.
[url]http://forum.freeadvice.com/drug-charges-28/nobody-knows-what-acd-368792.html[/url]
[url]http://forum.freeadvice.com/other-crimes-federal-state-4/ny-offenses-against-public-sensibilities-346801.html[/url]
[url]http://forum.freeadvice.com/military-law-92/enlisting-acd-368125.html[/url]