I rear-ended the car in front; ticketed for "moving from lane unsafely"?

[keispree]

Hmmm. The supporting deposition is supposed to provide the details of the infraction. Plus, the "direct observation" looks like another error he made on the computer - checked the wrong box. If it goes to trial one could argue that the supporting deposition is insufficient.

But I thought that he didn't need to be there to issue it?

Uh, that's Trooper. You'll may get him mad if you call him "officer"

Haha! That's good then, I don't think I called him by that... Though it goes to show how ignorant I am of how exactly these things work!! I had no idea. I didn't even get out of my car and I was afraid to turn the engine back on after I pulled to the side because I was unsure about what the correct protocol was. So I tried to play it 100% safe. The state farm truck guy was very nice too. He calmed the other guy down and told him to please get back in the car and stop yelling. And then he apologized to me for the other guy's actions. I was amazed at how nice people are!

I don't know, you tell me. Were you in New Castle? The ticket should be very clear. The court information is on the bottom on the left side of the sheet of paper he gave you. There is an address for the court and a return date.

Ah, yes, then it's New Castle Court. I was on the Taconic when this happened. I don't think Chappaqua was near to where the accident was but I'm horrible with directions.

I've never been to New Castle court but one of my co-workers is there alot. I'll ask him how it goes there.

That would be amazing. You have been so helpful. Really, thank you so much!

 

[HighwayMan]

But I thought that he didn't need to be there to issue it?

A supporting deposition is supposed to provide all of the details of the case against you. The ones I write basically echo what my court testimony would be - kind of a printed transcript. Sounds like the one you received has NO meaningful information in it. The trooper is not supposed to be able to put evidence on record at the trial unless it is in the supporting deposition. If there is nothing in the deposition then there's no evidence against you. But the chances of it going to trial are slim anyway.

The state farm truck guy was very nice too.

Hehehe. That's not a State Farm truck - it's a HELP truck (Highway Emergency Local Patrol). State Farm sponsors them so they get to put their name on the trucks - sort of like advertising.

That would be amazing. You have been so helpful. Really, thank you so much!

No big deal. Hopefully I'm not getting North Castle and New Castle confused and he's been to the right one. I'll find out Sunday when I get back to work. If you don't hear from me with any information about the court then just post something to remind me. Sometimes I forget things. It happens when you get old.

 

[keispree]

Hehehe. That's not a State Farm truck - it's a HELP truck (Highway Emergency Local Patrol). State Farm sponsors them so they get to put their name on the trucks - sort of like advertising.

Wow, I'm totally ignorant. Hahaha!

No big deal. Hopefully I'm not getting North Castle and New Castle confused and he's been to the right one. I'll find out Sunday when I get back to work. If you don't hear from me with any information about the court then just post something to remind me. Sometimes I forget things. It happens when you get old.

Will do! Thank you! You've made me feel a lot better. I keep seeing the face of the angry driver in front yelling at me. It really is a scary thing to happen. I'm thankful that nothing terrible happened and that both cars are ok (save for some cosmetic damage). I should go to sleep now. Good night!

 

[HighwayMan]

That's OK, really. We have a president who is ignorant of our constitution but we still let him drive around.

If you have nothing to contribute to the thread (and I can't remember the last time you did) please keep your smart alec comments to yourself and stop wasting everyone's time.

 

[HighwayMan]

You have been so helpful. Really, thank you so much!

The officer I wanted to speak to is apparently on vacation this week. I sent him an email about it which he should receive when he gets back. I'll let you know what he says.

In the mean time, you should make a copy of the ticket and then mail it in to the court at the address listed on the face of the ticket. Follow the directions for entering a "not guilty" plea - it involves filling out the correct portion of the ticket on the right side of the page. Don't worry about requesting a supporting deposition since you already have it.

Make a copy of the supporting deposition also - those things are printed on thermal paper and they fade over time. Your court date will be at least several months off. If the date you receive from the court doesn't work for you then just contact the court as soon as possible and get a new date.

I'll get back to you when I find out some information.

 

[Proseguru]

The officer gave you a lower ticket then the one you actually deserve. Gift horse, mouth.

It is a gift, because the cop likely cannot testify to get a conviction. So I would plead NG and go to trial.

Also, the OP does not say what she told the police at the scene (or later). The OP, high GPA, has just learned to shut up when the police show up. You do not have to answer ?? not should you, ever...to a cop. When they ask "what happened?" just tell them you'll say that in court.

 

[HighwayMan]

Also, the OP does not say what she told the police at the scene (or later).

It doesn't matter in this case. You're just spouting junk for the sake of listening to yourself.

This is already being dealt with. You're adding nothing to this thread.

 

[keispree]

The officer I wanted to speak to is apparently on vacation this week. I sent him an email about it which he should receive when he gets back. I'll let you know what he says.

In the mean time, you should make a copy of the ticket and then mail it in to the court at the address listed on the face of the ticket. Follow the directions for entering a "not guilty" plea - it involves filling out the correct portion of the ticket on the right side of the page. Don't worry about requesting a supporting deposition since you already have it.

Make a copy of the supporting deposition also - those things are printed on thermal paper and they fade over time. Your court date will be at least several months off. If the date you receive from the court doesn't work for you then just contact the court as soon as possible and get a new date.

I'll get back to you when I find out some information.

I photocopied both and sent the original back to the court instead of the copy. That's alright, right?

Okay, thanks so much about the info! I'll keep checking back

 

[HighwayMan]

I photocopied both and sent the original back to the court instead of the copy. That's alright, right?

Yes that's fine.

The officer is not on vacation after all. Just wasn't in yesterday.

I believe I mentioned that troopers in New York do not prosecute their own cases. New Castle has a prosecutor to handle the trooper cases. The next step is that you will get a notice in the mail to appear for a "pre-trial conference" with the prosecutor.

Speak with him and tell him the basic facts, i.e. that there was an accident and the trooper did not witness it, and that you never even changed lanes. Try to refrain from saying anything incriminating like "yeah I wasn't paying attention and I hit the other car from behind.". See if it can be dismissed. If it can't then see what reduction you are offered.

Honestly, if the prosecutor offers you anything with "no points" (like a VTL 1201(a) - "parking on pavement") I'd seriously consider taking it since you did screw up. If he doesn't offer it then be a little aggressive and remind him that you never changed lanes and that you have no problem with a trial and then YOU ask for it. I know court can be a little intimidating but it's not that hard.

So either you can accept the offer (and if you don't understand it then make sure you ASK for an explanation), or reject it and insist on a trial. If a trial then you will have to come back to court and then the trooper will be there. At that point you should be able to win fairly easily.

It's all up to you whether you want to spend some money or the time.

Please let me know if you have any questions about anything. Please post back here with the results of the case - it's always good reference material.

 

[keispree]

Just got back from my pre-trial today!

Walked into the conference room with the prosecutor, who said something along the lines of "So I see here that you have an unsafe lane change violation, was this probably failure to turn on a signal when changing lanes?" to which I responded, "I didn't even change lanes". I didn't say anything else, and he went ahead and offered me a 0-point equipment violation with a small fine. I took it since I do still feel a little guilty about what happened, and he was really nice, and I don't really feel the desire to go back another day!

I consider this a success, and thank you so much for everything!

 

[HighwayMan]

...he went ahead and offered me a 0-point equipment violation with a small fine.

Yes, that is a success. Congratulations on your "win". Everything worked out pretty well.