Unsafe Passing Ticket HELP

[GuinnessGal]

I was involved in an accident and received a ticket for unsafe passing (NYS). I plead not guilty. What is strange is when I went to court this AM every other traffic ticket was offered a plea deal but mine, I only have only failing to obey traffic device 1 year old on my record. The ticketing officer (NYS Trooper)was not present and ticketed myself and the other driver who is prominent in the Local community for the same thing. I was following a mini van, school bus and two cars, in a 55 mph country road. The school bus passed the mini van as it was traveling at 35 mph. Then I went to pass turning on my blinker, checking my mirrors and physically turning to check my blind spot. I just crossed the yellow dotted lines when the driver behind me came up on the left and side swiped me. passing all vehicles. I immediately turned back to the right and stopped. called 911. Meanwhile she passed all 3 of the vehicle including me. I did not unsafe pass. How do I effectively fight my ticket PLEASE HELP! I think they did not offer plea because I think they dismissed her ticket ! Is there any way for me to find out? I seen her at court but she was leaving smiling with the clerk as I arrived. Also, technically I did not pass anyone - so am I guilt of unsafe passing?

 

[GuinnessGal]

There were no witnesses. The lady admitted she came up and passed me the same time I was passing.

 

[HighwayMan]

What court is this?

So if you were not offered a plea then what exactly happened to you in court??

 

[GuinnessGal]

It is a small town village court who is a newly elected former local plumber now judge. He stated I was charged with unsafe passing and asked me if I wished to plead guilty or not guilty. I said not guilty. He said alright we will sat this for trial next month how about march 7th . I then asked what time sir he replied 8:30 am. The clerk then stated how about 9:30 after the regular court session. He said 9:30. I left he had no clue what he as doing I have been in court with others and this was a mess.

I read the NYS VTL everything about unsafe passing refers to the front and the car your over taking not the car in back so I feel I have several defenses here. There are no witnesses that is why both of us were ticketed the state trooper even told me that when I asked him why I was ticketed.

 

[GuinnessGal]

The DA was standing next to me whole time with a copy of my ticket not saying a word - did not offer anything to me like every single other person with a traffic ticket, that I witnessed.

 

[wrongsometimes]

The DA was standing next to me whole time with a copy of my ticket not saying a word - did not offer anything to me like every single other person with a traffic ticket, that I witnessed.

Go to trial and win your trial. What's wrong with that?

 

[GuinnessGal]

I'm just making sure I am not wrong in my understanding of the law or procedure of the court. Thank you kindly.

 

[HighwayMan]

What procedure of the court? What are you talking about?

And again I will ask WHAT COURT? You ignored that question. I may be familiar with it.

And what section of the VTL are you actually charged with? You mentioned cars in front and back and I'm not sure what you're getting at.

 

[HighwayMan]

The DA was standing next to me whole time with a copy of my ticket not saying a word - did not offer anything to me like every single other person with a traffic ticket, that I witnessed.

It was not a "DA". It was the village attorney.

Why didn't you approach HIM and ask? Why don't you go speak with him now?
Or try to call him?

 

[GuinnessGal]

I am sorry that I am not expressing my thoughts into words correctly- I truly appreciate your assistance. The court is Lyons Village Court. I did go back and correct my post but it did not correct that is why I ended up posting several times. The procedure I was referring to was concerning my understanding of the Village attorney offering every single other traffic violation a plea to a lesser charge except to me and my understanding of the unsafe passing law. I have done some research I do realize they are not obligated offer me a plea deal and on the flip side I would not have accepted one any way as I was not guilty of unsafe passing. I just felt discriminated against for some reason. Just the feeling I got.

Do you think there may be a chance of getting my ticket dismissed by speaking with the village attorney? I have no intent on pleading to anything. I will go to trial. The damage to my vehicle begins at my rear fender and ends at my front fender as does hers on her vehicle. It is basically her word against mine. The State Trooper cannot truthfully testify that I unsafely passed at my trial because he did not witness it. He even admitted it to me in front of my husband. In my presence she admitted that she was passing me at the same time to the State Trooper!
NYS VTL 1124 THANK YOU KINDLY

 

[HighwayMan]

The procedure I was referring to was concerning my understanding of the Village attorney offering every single other traffic violation a plea to a lesser charge except to me...

There is nothing in any law that mandates that you be offered a reduced charge. It's possible that the judge or prosecutor will not offer pleas on certain charges. You will not know until you speak to the prosecutor or a clerk at the court.

 

[HighwayMan]

Seems as though VTL 1124 does not apply here.

What were the pavement markings at the location? Meaning the markings separating the opposite-bound lanes of traffic?

 

[GuinnessGal]

Single broken yellow line - passing allowed for on-coming traffic as well as us.