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Dismissed? Not dismissed?

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State: NY

In August of last year, I was pulled over by a NY State Trooper on a rural route near our home. Initially, he stated I was speeding (although he didn't have radar and didn't pace me.) Then he stated that I wasn't wearing my seat belt (I was), but that a seat belt violation would be way cheaper and wouldn't involve points on my license. The whole thing was very weird, but I figured I just do what this guy said and plead guilty, hoping the fine wouldn't be too heinous... it's rural NY after all.

Three weeks later, I received a letter from the Town Court; although it stated that I should pay the fine by the due date shown, the disposition of the violation was left blank, the fine and surcharge areas listed 0.00, and it clearly stated "no money due" with no due date listed. I assumed the ticket had been thrown out by the Town Justice once he realized I was a local. I heard nothing else from them.

Five-and-a-half months later (today), I receive a threatening letter from the Court Clerk stating that I have to pay the fine immediately or my license will be revoked. The disposition now says "Fine/SC", the fine is $50.00 and the surcharge is $93.00 (still no due date to be found.)

I'm obviously going to call them on Monday and explain why I didn't respond to their first letter. My question is: If they decide to demand the $143.00, do I have a leg to stand on in getting the ticket thrown out?

Many thanks.
 


HighwayMan

Super Secret Senior Member
I'm obviously going to call them on Monday and explain why I didn't respond to their first letter. My question is: If they decide to demand the $143.00, do I have a leg to stand on in getting the ticket thrown out?
Thrown out for what? You already entered a guilty plea.

When you received the first notice from the court you should have contacted them to address what was obviously a clerical error. You're lucky they haven't tacked on additional fees.

There is nothing to fight at this point. You either need to pay the fine and surcharge or your license will be suspended.
 

HighwayMan

Super Secret Senior Member
In August of last year, I was pulled over by a NY State Trooper on a rural route near our home. Initially, he stated I was speeding (although he didn't have radar and didn't pace me.)
I don't know how you know there was no radar involved.

Before you start looking to contest what the trooper said about your speed, be aware that in New York State no radar (or any other mechanical or electronic device) is needed in order for you to be convicted of speeding.

There is a case called People v. Olsen from 1968 that addresses this. Read about that here:

https://www.greenburghspeedingticketlawyerblog.com/greenburgh_speeding_tickets_a/

The whole thing was very weird...
Nothing weird about it. It's called a roadside plea bargain.
 

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