Traffic Violation Bureau Appeal Question - subpoena

[Pete25]

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

Hi All,

I got convicted for a NYC cell phone ticket at the TVB Manhattan South yesterday and plan to appeal.

Here’s the gist of it.

I was on a call to Mt Sinai Hospital as I was feeling ill, and just then I got pulled over by a cop. At the time when I got this ticket, I had a t-mobile prepaid account and they absolutely refuse to provide call logs. Prepaid is totally different from postpaid because in the latter you can just log on and print out your bill.
The reason I needed the log was because I know that calls to hospitals are exempt from the cell phone law.

However, t-mobile said they would only issue the call logs if they were issued a subpoena.

At the time I got the ticket, I didn’t tell the officer that I was on a call to the hospital as I didn’t know they were exempt.

Anyway, I had my hearing yesterday and was found guilty.

During the hearing, I did mention that I was on a call to a hospital. The judge asked me if I had the cell phone bill. I replied saying t-mobile does not grant bills for prepaid accounts unless they were served a subpoena. The judge replied “we don’t issue subpoenas.” and shortly after that found me guilty.

Going into the hearing, I was somehow under the impression that the judge would issue a subpoena and would then postpone the hearing to a later date. Turned out, in reality, before I even ha d a chance to ask the judge to issue one, she stated that they don’t issue subpoenas.

She didn’t offer me any further opportunity to get one on my own (I didn’t ask, she didn’t offer).

My questions are:

1) Should I file an appeal and attach the call logs (assuming I manage to get them within 30 days)? They say no new evidence can be introduced in appeal so my hopes aren’t high. I did mention though to the judge that I was on a call with the hospital.

2) Was the judge being correct when she said the TVB do not issue subpoenas?

3) Was she legally required to at least offer to give me time to get it on my own through external sources, once she told me that they (the TVB) don’t issue them (subpoenas)?

4) I understand appeals only consider legal errors and not factual errors. Can anyone spot any legal errors above or any tips on how to phrase the appeal?

 

[HighwayMan]

...I know that calls to hospitals are exempt from the cell phone law.

That is absolutely WRONG.

You did not have an emergency. You didn't feel well. So why are you calling a hospital instead of your doctor? If it was an emergency you would be calling 911 for an ambulance.

1) Should I file an appeal and attach the call logs (assuming I manage to get them within 30 days)? They say no new evidence can be introduced in appeal so my hopes aren’t high. I did mention though to the judge that I was on a call with the hospital.

You just said it yourself - no new evidence may be introduced on appeal. PERIOD. If you were unprepared for the hearing you should have asked for an adjournment to gather your evidence.

2) Was the judge being correct when she said the TVB do not issue subpoenas?

It's not a court - they do not issue subpoenas. It's an administrative tribunal.

3) Was she legally required to at least offer to give me time to get it on my own through external sources, once she told me that they (the TVB) don’t issue them (subpoenas)?

NO. You had your chance, and once you said "yes" when the judge asked you if you were ready to proceed you gave up any further chance to submit evidence.

4) I understand appeals only consider legal errors and not factual errors. Can anyone spot any legal errors above or any tips on how to phrase the appeal?

Legal errors "above"? Where?


Generally, the Administrative Law Judges in Manhattan South are right on point - one reason is that so many attorneys appear there to defend clients. The place is crawling with them - they're like ants.

Based on my experience there your appeal stands little chance as long as the officer covered all of the points he needed to in his testimony - and if the judge found you guilty chances are he met his burden.

Again, calling a hospital is not an emergency. If someone tried that one on me (and they have) I would ask "Do you need me to call you an ambulance?". If the answer is "no" (and it always has been), then your emergency argument goes out the window.