Seeking Remedies (No Ins. No Reg. Wrong Plates, Susp. License)

[uneek]

(Connecticut is my State - New York is where incident occurred)

Pulled over in traffic (not speeding etc) for no registration, no insurance, wrong plates.

Cop tells me I have a suspended license from a 2003 ticket (suspension from April 2004+) in New York. I am unaware of this, I had just renewed my license in Connecticut (where I live) 5 months ago and was recently pulled over in my other car for speed (but was let go with a warning) - that was in Connecticut, but one would think he would have warned me about the suspended license in New York?

Car towed and impounded, I was dropped off at train station. I got the car back quickly and am now seeking remedies.

I had a lapse in Insurance for about one month (Sept 14th it went out, pulled over on Oct 22nd) but am insured and registered again with proper plates.

Do I now send proof of insurance, registration and a picture displaying proper plate-attire to the Town Clerk and nullify these tickets? What are my options for reducing/removing this incident. An attorney advised me this was possible (even removing the 5 points etc so insurance doesn't go up).

Thank you for your time, it is appreciated;

uneek


update: Because I have no recollection of the prior infraction that suspended my license in the first place I have Conditionally Accepted their offer with a Proof of Claim seeking a genuine attempt to resolve this matter.

[swrdmbo]

I guess I don't understand. Why would you obtaining registration,plates,and insurance AFTER THE FACT negate the fact that you were driving with illegal plates,no registration,and no insurance?

At the time of the citations, you were guilty of those infractions.

I am surprised you were allowed to retrieve your car so quickly. I'd be real happy about that.

[JETX]

Originally Posted by uneek

Do I now send proof of insurance, registration and a picture displaying proper plate-attire to the Town Clerk

Of course you can.

and nullify these tickets?

Ahhhh... there is the hiccup in your plans. Your after-the-fact CORRECTIONS to your violations does not 'undo' them.
You are still guilty of the illegal acts.

What are my options for reducing/removing this incident. An attorney advised me this was possible (even removing the 5 points etc so insurance doesn't go up).

Your BEST hope lies in getting an attorney.

Because I have no recollection of the prior infraction that suspended my license in the first place I have Conditionally Accepted their offer with a Proof of Claim seeking a genuine attempt to resolve this matter.

Not relevant to the citations issued.

[uneek]

Ahhhh... there is the hiccup in your plans. Your after-the-fact CORRECTIONS to your violations does not 'undo' them.
You are still guilty of the illegal acts.

Then how does an attorney undo them? It is possible, I know it is. What forms do I need to draft up when I send in proof of my registration, insurance and correct plates? What are my options - I'm asking for advice not for people to regurgitate or echo what I have already said or for scant statements like "I'd be real happy about that".

Your BEST hope lies in getting an attorney.

I'd rather not become a Ward of the court. If he can do it, why can no one else tell me how? Why do we have to do it through someone else? What ever happened to spreading knowledge to help your fellow man instead of hording information until someone comes by with something you want (money)? It is in one's best interest to help out their neighbor.

Not relevant to the citations issued.

True, but I am in need of advice in regards to a ticket from 6 years ago as well as the other citations. I was never noticed, nor do I recollect any instance happening where I got a ticket in that town, ever. It is my right to ask for proof of what occurred. What are my options beyond conditionally accepting their offer and asking for a proof of claim? What are my next steps after sending in the Conditional Acceptance (Notice of Fault/Opportunity to Cure and then an Estoppel)?


Thank you~

[JETX]

What you are asking for is a legal EDUCATION... and/or legal SERVICES. Both are beyond the scope of this forum.

[You Are Guilty]

Originally Posted by uneek

What ever happened to spreading knowledge to help your fellow man instead of hording information until someone comes by with something you want (money)?

Who's hoarding? You can get the exact same information we have by going here:
http://www.law.nyu.edu/index.htm

(While I'm not sure there's enough time before your tickets are due, good luck anyway).

[HighwayMan]

Originally Posted by uneek

Then how does an attorney undo them? It is possible, I know it is. What forms do I need to draft up when I send in proof of my registration, insurance and correct plates? What are my options - I'm asking for advice not for people to regurgitate or echo what I have already said or for scant statements like "I'd be real happy about that".

You're living in a fantasy world.

It is impossible to "undo" them. But, of course, YOU KNOW it is. Really? Well, you are wrong.

Driving with a suspended license or privilege in New York State is a crime. It's not a "fix it" ticket. Driving with no insurance is a traffic infraction with a penalty of a mandatory one year revocation of license/privilege after which one has to pay a large civil penalty (I think it's up to $800 now).

You cannot go get a registration and insurance after the fact and get the charges dismissed.

[HighwayMan]

Originally Posted by uneek

An attorney advised me this was possible (even removing the 5 points etc so insurance doesn't go up).

Whatever attorney you spoke to doesn't know what he/she is talking about.

The infractions/misdemeanor you were charged with carry no points.

[uneek]

So how does one defend their right to travel in court (when not performing commerce) ~ as one does not need a license, insurance or registration to operate an automobile (not motor vehicle).

During trial I will see if the witness/cop filed a proper 'cause of action' against me - Who is the injured party? What are they petitioning compensation for? What rights have I broken of theirs? Who have I harmed? The way I see it, is if he does not know how to answer these (if the lawyer allows him to answer) there is no cause of action, his testimony (and prior testimony aka the tickets) shall be void. No cause, no standing - case dismissed.

If I have never obtained a speeding ticket or been in an accident, driving with a suspended license, no registration, no insurance, wrong plates etc doesn't matter. I have harmed no one and my driving record/history proves this. The only tickets I've accrued were for no reg/no insurance. I have broken no LAW (not talking bout by-laws, statutes, and ACTS) and find this whole process (pulled over, questioned, impounded, and more) to be akin to the mafia or stewed deep in fraud.

What advice can you give me in regards to defending myself in this manner? Can I make a counter-claim (don't know the proper word) for damages against me? I have had to miss work (deliver in New York, can't cause of suspension), lost a large sum of money from fees, obtaining food is difficult as well as other daily life activities.



Thank you in advance, it is appreciated.

[cyjeff]

Originally Posted by uneek

So how does one defend their right to travel in court (when not performing commerce) ~ as one does not need a license, insurance or registration to operate an automobile (not motor vehicle).

And, just that easily, we enter the land of the wacko.

Of course you need a license, insurance and registration to operate an automobile on a public road.

Were you on a public road? Then you have to play by the same rules as everyone else. Trying to convince a court that you don't have to obey the law because your understanding of it is different just means you are flirting with a psych eval.

Otherwise, you can drive in a big circle on your own private property. Won't that be fun?

During trial I will see if the witness/cop filed a proper 'cause of action' against me - Who is the injured party? What are they petitioning compensation for? What rights have I broken of theirs? Who have I harmed? The way I see it, is if he does not know how to answer these (if the lawyer allows him to answer) there is no cause of action, his testimony (and prior testimony aka the tickets) shall be void. No cause, no standing - case dismissed.

You won't have a Kleenex's chance in a blast furnace. You broke the law. You know you broke the law. The fact that you went out and are NOW in compliance of the law shows that you understand that.

See above "psych eval" comment.

If I have never obtained a speeding ticket or been in an accident, driving with a suspended license, no registration, no insurance, wrong plates etc doesn't matter.

Incorrect.

I have harmed no one and my driving record/history proves this. The only tickets I've accrued were for no reg/no insurance. I have broken no LAW (not talking bout by-laws, statutes, and ACTS) and find this whole process (pulled over, questioned, impounded, and more) to be akin to the mafia or stewed deep in fraud.

Maybe that psych eval isn't that bad an idea.

Driving is a privilege... not a right. If you want to play with the other drivers, there are rules you have to follow.

What advice can you give me in regards to defending myself in this manner? Can I make a counter-claim (don't know the proper word) for damages against me? I have had to miss work (deliver in New York, can't cause of suspension), lost a large sum of money from fees, obtaining food is difficult as well as other daily life activities.

If you want to fight this... I strongly recommend an attorney if, for no other reason, than to keep you from speaking this drivel in open court.

[cyjeff]

One more point....

Remember you are going to be saying this in traffic court.

Do you really think the judge is just going to slap his/her forehead and proclaim "my God, you are correct. All my years in law school and on this bench and I didn't realize that NONE of you should be here. Everyone else go home and we need to start sending out refunds to the hundreds of thousands to millions of people that we have convicted of these crimes. CASE DISMISSED!"

[FlyingRon]

Originally Posted by uneek

So how does one defend their right to travel in court (when not performing commerce) ~ as one does not need a license, insurance or registration to operate an automobile (not motor vehicle).

Do not confuse the right to travel to the right to operate a motor vehicle.

During trial I will see if the witness/cop filed a proper 'cause of action' against me - Who is the injured party?

That's easy: The State of New York.

What are they petitioning compensation for?

It's not compensation. It's a penalty for breaking the law.

[HighwayMan]

Originally Posted by cyjeff

And, just that easily, we enter the land of the wacko.

My thought exactly.


Do me a favor, stay out of New York. Hopefully you'll lose you driving privilege for a long time. You are dangerous and seem, based on your statements, to be totally out of touch with reality.

You have to take the award for the poster most in need of a mental professional.