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#21
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Beating a NYC bike traffic ticket on a technicality
a technique I have used in Chicago for car tickets is to go to the court a day before the hearing (or whatever you call it) and claim I have a job interview the next day and need to reschedule. I figure they notify the officer somehow that one of their appearances is rescheduled. They probably never even get the message. And since they have planned all their appearances to be on a specific day, the likely hood you them appearing the following day just for you is essentially zero. So when you show up and determine that the officer is not present, and after they scare everyone into taking "supervision" so they get a reduced fine and noone tells the insurance company, they start calling the people who want to plead "not guilty". When it is your turn (don't dress like a slob) speak clearly and calmly. When asked how do you plead, say "Not guilty." The judge then says, "The officer is not here to refute your claim, you a free to go." End of story. In k.net JoeD wrote: Hi, I have been riding around NYC off and on for 30 years. After 9/11, I decided to minimize the use of my car and gas consumption, I began commuting to work by bike again averaging over 4000 miles a year. I consider myself a reasonble and safe rider. I wear a a helmet and have blinking lights in the front and back. I got my first ticket recently. Although I have never fought a ticket before and I want to fight this one. The ticket describes the infraction as " improper riding of bicycle" in violation of section 1232 sub A. Section 1232. Riding on bicycles. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals. I ride an older well maintained road bike with toe clips so the above violation I am being accused of does not describe the infraction at all. If the police officer shows up, can I assume that since he selected the wrong violation that I would win on a technicality? The ironic thing was that a SUV ran a red light right in front of me and this police officer in his squad car while we were both waiting for my light to turn green, and he gives me a ticket. Any constructive comments to fight this ticket are welcomed. Regards Joe |
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#22
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Beating a NYC bike traffic ticket on a technicality
I wasn't aware that NYC had the resource to have a prosecutor in traffic
court. Hunrobe wrote: JoeD wrote in part: What I am asking is, if the ticket has a vague violation description as described below conflicts with what the officer will accuse me of doing, will a "NYC" traffic judge dismiss the charge? I was always under the impression that if a traffic ticket (auto or bicycle) did not proper identify the violation or was improperly written that it would be dismissed. Again thanks for any constructive opinions. Imagine this not unlikely scene and then answer your own question: Clerk announces case- "Joe D, improper riding of a bicycle, ticket # xxxxxxxx" Prosecutor- "State requests leave to amend the complaint. The proper charge should be failing to obey a red stop light." Judge- "Leave to amend granted. How do you plead Mr. D, guilty or not guilty?" Mr. D.- [up to you pal] Regards, Bob Hunt |
#23
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Beating a NYC bike traffic ticket on a technicality
First I want to thank everyone for your comments.
I have one more question. If I show up and the officer is not there, can I assume that the charges will be dismissed. If the officer does show up and I get cold feet, can I change my plea to "Guilty" to the charge and just pay the fine? For those of you who have asked about the violation, I have described it twice in this thread. Thanks again for you comments. Joe JoeD wrote: Hi, I have been riding around NYC off and on for 30 years. After 9/11, I decided to minimize the use of my car and gas consumption, I began commuting to work by bike again averaging over 4000 miles a year. I consider myself a reasonble and safe rider. I wear a a helmet and have blinking lights in the front and back. I got my first ticket recently. Although I have never fought a ticket before and I want to fight this one. The ticket describes the infraction as " improper riding of bicycle" in violation of section 1232 sub A. Section 1232. Riding on bicycles. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals. I ride an older well maintained road bike with toe clips so the above violation I am being accused of does not describe the infraction at all. If the police officer shows up, can I assume that since he selected the wrong violation that I would win on a technicality? The ironic thing was that a SUV ran a red light right in front of me and this police officer in his squad car while we were both waiting for my light to turn green, and he gives me a ticket. Any constructive comments to fight this ticket are welcomed. Regards Joe |
#24
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Beating a NYC bike traffic ticket on a technicality
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#25
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Beating a NYC bike traffic ticket on a technicality
On Wed, 12 Nov 2003 13:27:50 GMT, JoeD wrote:
If I show up and the officer is not there, can I assume that the charges will be dismissed. No. The judge will often reschedule and give the officer another chance to show. Don donwiss at panix.com. |
#27
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Beating a NYC bike traffic ticket on a technicality
JoeD wrote: Hi Again, For those of you that say just pay the fine. I would have paid it if it in line with my offense. But they want $100, which I was surprised to learn was more the fines for a driver who speed upto 35 miles above the limit. But whether I am innocent or guilty of a minor or major infracture is not the issue that I am addressing here. What I am asking is, if the ticket has a vague violation description as described below conflicts with what the officer will accuse me of doing, will a "NYC" traffic judge dismiss the charge? I was always under the impression that if a traffic ticket (auto or bicycle) did not proper identify the violation or was improperly written that it would be dismissed. Again thanks for any constructive opinions. When you go to court, have a picture with you of your bike, clearly showing the clips and straps. Also NEVER give your drivers license as any infractions you are guilty of while on a bike go on your record. Get a NY State "non-driver" ID and carry THAT with you when you ride. |
#28
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Beating a NYC bike traffic ticket on a technicality
If I show up and the officer is not there, can I assume that the charges will be dismissed. I don't know; it probably depends on the judge. This is where it is important to be dressed presentably and to be calm, and not confrontational. All it takes is a few times in traffic court watching how most people behave to know what is going to make the judge be sympathetic to you. Most people come off as being the world's stupidest moron with the world's biggest attitude. If the judge comes away from it feeling like you are a normal person like him/her you will do alright. If you seem to be a typical moron/a-hole, forget it. Remember you are not arguing in front of the Supreme Court. Being all technical and smarty-pants probably isn't going to help. Good luck! (And next time don't stop when they try to ticket you!) Joseph |
#29
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Beating a NYC bike traffic ticket on a technicality
On Wed, 12 Nov 2003 15:10:44 GMT, slim wrote:
Also NEVER give your drivers license as any infractions you are guilty of while on a bike go on your record. NOT true. Don donwiss at panix.com. |
#30
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Beating a NYC bike traffic ticket on a technicality
On Wed, 12 Nov 2003 02:26:31 GMT, JoeD wrote:
I was always under the impression that if a traffic ticket (auto or bicycle) did not proper identify the violation or was improperly written that it would be dismissed. As a former police officer, you are correct and when you cross examine the officer, you should ask what exactly you did that violated that section. But remember, the law is not an exact science and judges are not perfect. Yesterday, a guy who freely admitted to killing his neighbor, cutting up the body into small chunks, and throwing it into a body of water to conceal it, claimed self defense... and won. Then there is OJ Simpson, reportedly still searching for the real killers...on golf courses and in fancy restaurants. :-) Good luck, Ken (NY) Chairman, Department Of Redundancy Department ___________________________________ email: http://www.geocities.com/bluesguy68/email.htm "I regret to say that we of the FBI are powerless to act in cases of oral-genital intimacy, unless it has in some way obstructed interstate commerce." -- J. Edgar Hoover Q: What the hardest thing about rollerblading? A: Telling your parents you’re gay. |
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