Suffolk County, LI: incorrect statute, subsection on ticket related to change in law

[conanav]

(To clarify - I'm referring to the placement of the sign. I think the wrong statute cited is a much stronger argument and if you are careful procedurally how you argue it, should result in a dismissal. Problem is most people are not careful).

I see. Could you perhaps provide some hints or advice regarding the proper procedure (i.e. the best time to point out the incorrect statute) for me to have the best chance of a dismissal.

 

[You Are Guilty]

Generally, after the police officer has testified, is off the stand, and has left the building. The goal is you don't even want the opportunity for him to "correct" his ticket/testimony.

 

[conanav]

Generally, after the police officer has testified, is off the stand, and has left the building. The goal is you don't even want the opportunity for him to "correct" his ticket/testimony.

Thank you, that is actually very helpful.



I have two additional question:

1. Is his deposition statement legally binding in any way ? If I request his deposition again in discovery and the section/subsection error appears again just as it did on the deposition given to me with my ticket, will that somehow make my case for dismissal stronger?

Otherwise, what's the point of a supporting deposition (which I believe constitutes a sworn affidavit) if it can be redacted or "corrected" upon cross-examination. Again, I could understand if it was a clerical error related to a spelling mistake, as that would be related to unknown information being copied, but charging someone with the wrong violation? It would be an incredibly scary precedent for a court to even consider such a ticket, because any civilian that does not look up their specific code violation may actually end up pleading to a far more severe charge. For example, if the officer wrote 1170D instead of the correct 1160D(in my case he wrote the incorrect 1166B), I would be pleading to the very serious misdemeanor charge of failing to obey the sign indicating the approach of a train, and blocking the path of an incoming train.

2. At the hearing, I expect the prosecutor to ask the officer to describe his version of the story first, and then rest. Should I even bother to question the officer about the location of the sign, its visibility, inability to change path of travel, or should I just try to get him off the stand as soon as possible?


As I have already stated, this is my first traffic infraction, first offense of any type, first interaction with any criminal court system in the U.S., and even my first traffic stop as the driver of the vehicle. I have experienced traffic stops as a passenger several times in the past, with my parents, older brother, and friends, in my town where I have lived for decades, and every single time the local LEOs were courteous and more-or-less understanding, and believed a verbal warning was sufficient even in cases of speeding or other more serious infractions. In my case, the officer was polite but when he handed me the citation, it was such a complete surprise that it felt like someone knocked the wind out of me. Basically a part of me keeps feeling like I did something else wrong during the stop (even though I have already been called paranoid for being overcautious haha) that made the officer more likely to issue a citation. Also, I realize my view of the judicial justice system may be too idealized, but I am going to hope for the best.

 

[Banned_Princess]

i personally think you are over thinking this. Most likely this cop wont show up and your ticket will be droped without one inch of effort from you.

I would wait to see if the cop comes to court and if he does tell the mediator you are not ready and ask for a continuance. Maybe he wont show to the second date.

you are not a lawyer dont try to act like one.

 

[Banned_Princess]

You are not guilty of the citation as writtin. wait for the cop (again who probably wont bother showing up) to say what he observed. ask him if you were on a public roadway or not and how is the no left turn rule marked then point out what you discovered was the offense to of which you were cited is actually for.

I have had success in traffic court by just putting off till the cop didnt show. (I am also in suffolk , in the hauppauge traffic court)

Next time you are pulled over, dont turn your car off unless the officer asks you to. and you only need to keep the light on while you are looking for your documents. but again. wait for the cop to approach you with his flashlight and when he asks for your docs just say "im going to turn on my light to look for it. then turn it off when you are done. and for goodness sakes. close your window if you so desire.

happy hollidays.

 

[conanav]

i personally think you are over thinking this. Most likely this cop wont show up and your ticket will be droped without one inch of effort from you.

I would wait to see if the cop comes to court and if he does tell the mediator you are not ready and ask for a continuance. Maybe he wont show to the second date.

you are not a lawyer dont try to act like one.

I certainly do not think I am overthinking this. I am almost certain town police officers get overtime pay for court appearances, and checking this particular officer's base and actual pay (it is part of annual budget forms in the town) there is a difference of over $50K, (his annual base is $106K, his total is $150K+) so counting on him not showing up is probably the last thing I want to count on.


Ultimately, there is no way this ticket can be dropped without "one inch of effort from me" because already a) I will have to go to court and miss a day of work b) the ticket may not be dismissed by the judge even if the officer does not show up (there are examples on this forum of this happening), and I may need to show up again.

The continuance is not a good strategy either for me, as missing two (or more) days of work equates to hiring a lawyer and given the time of the year taking one day off for court appearance is already bad enough with the schedule. Paying $230 ticket and ending up 2 points is bad enough, but ending up with $230 fine, points, and losing $300 of pay right before Christmas is a lot worse.

 

[HighwayMan]

There is no discovery in traffic cases in New York.

As already pointed out you were cited for the wrong section.