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  #1  
Old 03-13-2009, 11:11 AM
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re issue ticket

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

I responded to a speed ticket of 74 in a 55. i asked for a deposition.

I went to court last night to answer the ticket and asked for a dismissal on the basis of no deposition. The officer explained that he had only 2 and one half weeks notice and that was insufficient time. I explained that I driven an hour to be there and the judge dismissed the case.

upon hearing the dismissal, the State Trooper ordered me to stay in the court. He then went off, rewrote a new ticket and handed me the ticket with a printed deposition on the spot. Told me that i now had to appear again. I handed it to the clerk with a plea of not guilty signed it and left.

First how can he issue me a new ticket for the same offense that was just dismissed?

Second, I later spoke to an attorney friend who said i should research the fact that it might not the officer had to serve me in person. That it might not be proper service if served in court.

Third, he "ordered" me as a State Trooper not to move??? Only to serve his purpose and that seems wrong as well.

Any thoughts??
Last edited by sailinman; 03-13-2009 at 11:23 AM.
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Old 03-13-2009, 11:18 AM
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Quote:
Any thoughts??
Yep, next time as for a dismissal with prejudice. Nothing else in your post suggests the officer did anything illegal. Your state laws state nothing about the place of service if one is served in person.
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Old 03-13-2009, 11:27 AM
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What is a dismissal with prejudice?
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Old 03-13-2009, 11:41 AM
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Quote:
Originally Posted by sailinman View Post
What is a dismissal with prejudice?
Dismissal with prejudice means they cannot charge you with the same offense again.
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Old 03-13-2009, 11:46 AM
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Any suggestions on how i might proceed now. His deposition states that he clocked me via laser device? Can a speed with a NY State Trooper be overturned?
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  #6  
Old 03-13-2009, 12:42 PM
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Double Jeopardy =D, If im reading this correct you dont have to overturn anything once you clame Prejudice.
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Old 03-13-2009, 12:51 PM
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Originally Posted by AgentSmithers View Post
Double Jeopardy =D, If im reading this correct you dont have to overturn anything once you clame Prejudice.
You're wrong...
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Old 03-13-2009, 02:01 PM
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Well, if he cant be carged for the same thing twice how is that wrong, Why would he have to prove that case?
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Old 03-13-2009, 03:45 PM
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Originally Posted by AgentSmithers View Post
Well, if he cant be carged for the same thing twice how is that wrong, Why would he have to prove that case?
Double jeopardy is being charged for the same thing by different jurisdictions for the same offense or being charged with an offense in which you have already been found guilty. In the case of the OP, his ticket was dismissed on a technicality. The officer corrected the problem and reissued the citation. Perfectly legal, not double jeopardy.
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Old 03-13-2009, 03:48 PM
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O god, thats sucks, and that dosent seem right even though it may be legal.
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