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Turn Signal Violation - 1163(e) ?

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Illan

Junior Member
What is the name of your state (only U.S. law)? This ticket was issued in Buffalo, NY .


Happy New Years to everyone,


I got pulled over in Buffalo, on the highway, because the officer though I was on the phone. I explained to him I didn't even have a phone on me, he searched my car and obviously didn't find a phone. However, I guess he felt a bit pissed off, and still wanted to give me so type of ticket. So he issued me a Turning Signal ticket, and told me " when you get pulled over, you need to turn your hazards on ". I had my turning signals when turning lanes into service road. But once I was in the service road with the cop behind me and my car off, I didn't turn hazards on. Didn't know I have to.

Is this true? I turned my car off, but I didn't think I need to turn hazards on. If its true, could any one kindly link me to the law. The ticket says nothing more than " TURN SIGNL VIO" "VTL 1163 (E)"


If its not true, can I plead not guilty and request a Supporting Deposition or file a FOIL request for the officers notes. I would like to get a more detailed reason than just "TUNR SIGNL VIO". That way I can have more evidence to present the judge.

Any other advice?

Thank you!

I
 
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HighwayMan

Super Secret Senior Member
If the ticket was written in Buffalo then it is returnable to the Traffic Violations Bureau (TVB) at 295 Main Street in Buffalo. Look at your ticket and confirm that.

If that is indeed the case then you cannot request a supporting deposition since the ticket is adjudicated administratively and different rules apply. A FOIL request will also do you no good since there is no discovery in New York State for traffic infraction cases.

If the TVB operates the same in Buffalo as in NYC (and it should) then I can't see you having much of a problem. Yes, VTL 1163(e) requires that you use your hazard lights/four-way flashers when stopped on a public highway. There is no specific exemption for times that you are stopped by a police officer, however I can't see any judge finding you guilty of the infraction if you make it clear that you were stopped by a police car for something else.

I am waiting to hear if this is, in fact, a TVB ticket before commenting further.
 

Illan

Junior Member
Tonawanda is just North of Buffalo. Their address in the letter head letter they sent me even says Buffalo.

Regardless, any further advice?

Thanks.
 

OHRoadwarrior

Senior Member
Did you tell him you ran out of turn signal fluid?

Go to court and plead not guilty. I think all the red and blue flashing lights were reasonable notice. The ticket was obviously issued because he had you over and was erroneous about the initial reason.
 

Illan

Junior Member
OHRoadWarrior, thanks for reply and the laugh :D

I would love to head out there, the little issue I'm facing is I live in Brooklyn, its a 8 hour drive each way. So I rather just write a very clear and compelling not-guilty plead.

I want to google map the exact address of ticket and circle where I was pulled over, to stress the fact the I was not endangering any one. When I called they said they don't have that information, strange.
 

Bali Hai

Senior Member
OHRoadWarrior, thanks for reply and the laugh :D

I would love to head out there, the little issue I'm facing is I live in Brooklyn, its a 8 hour drive each way. So I rather just write a very clear and compelling not-guilty plead.

I want to google map the exact address of ticket and circle where I was pulled over, to stress the fact the I was not endangering any one. When I called they said they don't have that information, strange.
You are guilty. Nobody that has lived more than 20 years would think otherwise. Pay the fine or hire a lawyer.
 

Illan

Junior Member
Bali Hai,

Two of our helpful fellow board members seem to "think" otherwise. I'm not sure what role age plays here.


HighwayMan (Join Date: Aug 2009, Posts: 5,827) : " I can't see any judge finding you guilty of the infraction if you make it clear that you were stopped by a police car for something else. "

OHRoadwarrior ( Join Date: Jan2011, Posts: 10,666) : " I think all the red and blue flashing lights were reasonable notice. The ticket was obviously issued because he had you over and was erroneous about the initial reason.


Bali, get some rest, you sound like you need it.
 

HighwayMan

Super Secret Senior Member
I would love to head out there, the little issue I'm facing is I live in Brooklyn, its a 8 hour drive each way. So I rather just write a very clear and compelling not-guilty plead.
Since when do these courts allow a trial by written statements? You need to appear unless the court told you otherwise.

I want to google map the exact address of ticket and circle where I was pulled over, to stress the fact the I was not endangering any one.
That is totally irrelevant to the situation. Endangering others is not a required element of the offense.

Request your supporting deposition and see what it says. My guess is it won't say much - if you get it.

If you do not receive it within the required time period make a motion for dismissal to the court IN WRITING.
 

Illan

Junior Member
Follow up about requesting supporting deposition.

Good day everyone,

I certified mailed two letters, requesting a supporting deposition. Making my point that " its my civil right to have to have all evidence before I would be able to mount a proper defense".

I received no answer back. Its now been over a month.


Would you agree that the next step should be a motion to dismiss, or should I send one more request letter for a supporting deposition.


Thanks.
 

HighwayMan

Super Secret Senior Member
The way to request a supporting deposition is to mark the required box on the uniform traffic ticket and mail it back to the court with your not guilty plea.
 

Illan

Junior Member
I included my ticket and violation number on the letter, and stated in the letter I plead not guilty.

I also wrote that if any part of the letter is denied, that I want to have a written response and a address to appeals office.


Not only did they not send me any denial letter, but didn't even acknowledge they received anything.


I would think they would at least send me a letter denying my request.


Is there anything I should word different, or anything I should add in the next and final request?


- Illan
 
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HighwayMan

Super Secret Senior Member
You seem very confused.

I said "The way to request a supporting deposition is to mark the required box on the uniform traffic ticket and mail it back to the court with your not guilty plea. " Your response did not address this but I'm assuming you ignored me because you did not mail the ticket back.

Why did you not mail back the ticket to the court as required?

I would not expect the court to answer you if you didn't even bother mailing back the ticket according to the instructions printed on it.
 

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