tickets

[Larry C Leung]

All true, BUT, remember, traffic law is NOT constitutional law. So many
of the rights that one would normally associate with criminal law do not
apply here (so I have been reminded). 

LL - NY

On Mon, 27 Aug 2001 03:00:34 -0400 George Selby <gselby4x4 at earthlink.net>
writes:
>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
>