tickets

[George Selby]

At 12:29 AM 8/27/01 -0400, you wrote:
>According to my attorney, ticket dismissals are no big deal to the police
>(at least in New York). All the cop has to do is re-file, which they can
>do right in court, right after the judge dismisses it. That's why he says
>NOT to ask for the supporting deposition, (gives the cop more reason to
>re-file) AND remember, they are trying to generate revenue, what you are
>convicted for seems to be of lesser importance in traffic court, unless
>you did something REALLY stupid.

Timing is critical in the dismissal of a case.  If it is dismissed after 
you plead (or are arraigned, I think they call it,) they cannot hold 
another trial (that pesky double jeopardy amendment to the US 
Constitution,) if you get it dismissed before you plead, then they can re-file.

This is important to remember if the officer does not show up for 
court.  Frequently the DA will want a continuance, to give the officer 
another opportunity to show up.  If you don't go along with this, and 
demand a trial, and if it actually goes to trial (the judge may still give 
the continuance, or they DA may try to hold off on the trial until later in 
the day when the officer may show up,) all you have to do is ask for a 
summary judgement in your favor based on the fact that there is no evidence 
or witnesses against you.

***********************NOTE/DISCLAIMER:  I am not a lawyer.  This is just 
the basic procedure I have seen done in our local traffic court on numerous 
occasions.  This is not legal advice, just the observations of someone who 
has had to sit in a couple too many courtrooms.


George Selby
70 F-100 Ranger XLT 400 C6
78 F-150 4x4 400 4 spd
83 Audi Coupe GT
86 Nissan 300ZX
92 Subaru Legacy Wagon AWD
gselby4x4 at earthlink.net