UNSAFE LANE CHANGE New York

[lawless1]

New York.
I was pulled over in New York City by a traffic cop on a highway/ Parkway after entering the ramp.

The officer was aggressively close, tailgating my vehicle, before approaching the cars side forcing me to the left lane and telling me to pull over simultaneously. This was very dangerous since he was forcing me to the railing.

Anyway, after being pulled over in a Gas Station on the Expressway right side. He asked why I was pulled over, and i said NO. He asked whats the speed limit on the hutchingson express and I said I was unsure. P.O. Stated it was 45mph, Do you know how fast you were going? I said "NO".

He then went to his car and returned with a ticket for an UNSAFE LANE CHANGE traffic violation. I pleaded NOT GUILTY, and waited for the date, and it was changed to a later date unknowly, luckly I went earlier. I found that NYS does not have real judges hearing their traffic cases and discovery requests are not possible.

Is there a way to beat this ticket? Is this administrative judge process a violation of due process since they could deduct points on licenses and issue fines?

- I USED TURN SIGNALS AS ALWAYS.
- WATCHED FOR OTHER CARS
- THIS VIOLATION IS MORE OF AN OPINION, RIGHT?

 

[You Are Guilty]

Best bet? Show up and hope the officer doesn't. If he does, see what kind of plea bargain they're offering (likely a failure to yield - 2 pts - the lowest moving violation in NY). If you like the deal take it. If you don't, plead not guilty and take your chances with the full fine and court costs.

Good luck.

PS: You never said whether you committed an unsafe lane change. Did you?

 

[racer72]

Is this administrative judge process a violation of due process

Due process applies to your Constitutional rights. Driving and having a driver's license is not a right, it is a privelige.

 

[xylene]

Due process applies to your Constitutional rights. Driving and having a driver's license is not a right, it is a privilege.

I do not fully agree with racer,

I agree with the conclusion, but not the rational

You have been a accused of a crime.

More legalistic-ly, you do have all the right of due process.

The state is not depriving you due process by having the hearing before the administrative law judge... in fact they are giving you a freebie. Really. It is your chance to present your case easily, with less strict rules of procedure.

IF you think it would be better to be first heard in full blown court... you would need a lawyer for that to succeed. Unless you are real familiar and know exactly how to present. The judge would have no patience for your pro se case.

You can appeal to a 'real' court immediately, and easily, if you are unsatisfied with result.

 

[You Are Guilty]

The state is not depriving you due process by having the hearing before the administrative law judge... in fact they are giving you a freebie. Really. It is your chance to present your case easily, with less strict rules of procedure.

IF you think it would be better to be first heard in full blown court... you would need a lawyer for that to succeed. Unless you are real familiar and know exactly how to present. The judge would have no patience for your pro se case.

You can appeal to a 'real' court immediately, and easily, if you are unsatisfied with result.

Just to clarify - if one wants their case before an actual judge, one MUST "fully exhaust" their potential administrative remedies first. That is, administrative hearing --> administrative appeal ---> then Article 78 or motion for a trial de novo. Very dangerous to skip that middle step

 

[FlyingRon]

Due process applies to your Constitutional rights. Driving and having a driver's license is not a right, it is a privelige.

Actually, due process applies to life, liberty, and property according to the Constitution. Due process DOES apply here (the fine is PROPERTY). However, the due process clause doesn't require anything more than what NY offers here, a hearing before a presumed impartial body before the order becomes final. Then as YouAreGuilty explains, exhausting that remedy you may petition for judicial review.

 

[Zigner]

- THIS VIOLATION IS MORE OF AN OPINION, RIGHT?

Yes, but it's the opinion of an EXPERT, as opposed to your opinion.