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  #1  
Old 08-03-2005, 07:52 PM
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Join Date: Aug 2005
Posts: 2

polite/proper way to address ticket's fatal flaw


What is the name of your state? New York

+My speeding ticket states I87 in Town of Cairo, which is no closer than 5 miles away.

The trooper generated the computerized ticket onsite with Town of Cairo court also indicated, caught that error, and walked back to the car to hand fix it. Hands me the ticket back, now with Town of Catskill scrawled as the court location, instead of Town of Cairo.

The ticket still indicates quite clearly though, that the infraction occurred on I87, Town of Cairo. There is no such place.

How should I best address the request for dismissal?

"Your honor, I respectfully request dismissal on technical grounds?", "... request dismissal due to jurisdictional concerns?", "... request adjudication in contemplation of dismissal?", or... ?

Does anyone know the proper "method"?

Thanks for the assist.

Last edited by rdkil1; 08-03-2005 at 07:58 PM. Reason: slightly better wording
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  #2  
Old 08-03-2005, 08:16 PM
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First you have to contest the ticket by returning it with a not guilty plea. Then you will be notified of a court date. Then the judge will allow the officer to testify as to the location and find you guilty.
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  #3  
Old 08-04-2005, 03:34 AM
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Join Date: Jul 2005
Location: nc
Posts: 753
what was the violation?

I have read of rare cases where it was thrown out because of errors.

The cop is supposed to know where he is.
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  #4  
Old 08-04-2005, 07:38 AM
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Join Date: Aug 2005
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supporting deposition is incorrect also


+I neglected to mention that the supporting deposition is likewise inaccurate as to municipality.

I-87 doesn't go through indicated municipality.

Infraction is speeding, 74/55.

Thank you for continued input.

Last edited by rdkil1; 08-04-2005 at 07:40 AM. Reason: additional line
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  #5  
Old 08-04-2005, 08:37 AM
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Join Date: Jun 2004
Posts: 7,586
There is no uniform "right" way to approach it - this is one of the many reasons why a local lawyer familiar with the judges in the area is a benefit. Every judge operates differently, and you are navigating a minefield by doing it solo as you have a potentially winable defense.

Your best bet is to try and observe some other trials prior to yours and see which way the wind is blowing. If nothing else, politeness is usually welcomed, so if all else fails, stick with being firm but nice.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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