Google Answers Logo
View Question
 
Q: Help needed badly with a traffic infraction in NY State ( No Answer,   8 Comments )
Question  
Subject: Help needed badly with a traffic infraction in NY State
Category: Relationships and Society
Asked by: pcventures-ga
List Price: $20.00
Posted: 09 Mar 2006 03:24 PST
Expires: 08 Apr 2006 04:24 PDT
Question ID: 705282
Greetings:

For the first time in about eight years, I was pulled over last night 
for an alleged traffic infraction.
According to the summons, I went through a steady red light.
I did no such thing!
I don't want to pay the fine, and I don't want my hard-earned money to
be redistributed to my insurance company because of something I didn't
do.
I need superlative advice on how to beat this bloody ticket.
I did NOT run that red light - the officer is wrong!

Clarification of Question by pcventures-ga on 09 Mar 2006 04:11 PST
Oh, one other important question - should I ask for a supporting deposition?

Clarification of Question by pcventures-ga on 09 Mar 2006 10:04 PST
What I meant was that where I was stopped was a few blocks short of
where the violation allegedly took place.

Clarification of Question by pcventures-ga on 11 Mar 2006 13:14 PST
Greetings:

Anyone else care to weigh in?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Help needed badly with a traffic infraction in NY State
From: daniel2d-ga on 09 Mar 2006 07:04 PST
 
Follow the instructions on the ticket - you can go to court and plead
your case in front of a judge.
Subject: Re: Help needed badly with a traffic infraction in NY State
From: pcventures-ga on 09 Mar 2006 08:01 PST
 
Any hints and tips on how to make the best possible argument?
Subject: Re: Help needed badly with a traffic infraction in NY State
From: webravi-ga on 09 Mar 2006 08:17 PST
 
You need to have compelling evidence that you did not go through the
red light.  If it is your word against the officer's, the court will
take the officer's view.  If you have a corraborating witness that can
be at the court-house it will help a lot.  Also, you should have a
record of your good driving (ie: no moving violations in a certain
time) that will support your claims.  However, the witness will help
the most.  Remember, the officer's word is normally taken over the
word of the defendant.

One question:  Was it a yellow light that you went through?

Good luck.
Subject: Re: Help needed badly with a traffic infraction in NY State
From: pcventures-ga on 09 Mar 2006 09:47 PST
 
The only thing I did was go through a light that was definitely yellow
- but he said "steady red" on the ticket.
  Also, I was pulled over a few blocks away from where the Officer
stated (on the ticket) where the infraction took place.
  In addition, I should note that I'm willing to "plead" to a lesser
violation if it will spare points on my license.
Subject: Re: Help needed badly with a traffic infraction in NY State
From: gozzy11-ga on 09 Mar 2006 13:17 PST
 
You will need to go to court on the date no if and or but, second as
stated above any witness for your side will help since its seems like
it will come down to your word vs the police officer. third on the
place where you where stopped vs the place of infraction its at night
he saw the infraction got behind you ran your plated to see if he
needed backup then pulled you over not the point you want to rest your
case, get to the court early wait to see if you can talk to the
prosecutor if it's your only infraction in awhile you should be able
to get the charged lowered, also if the cop isn't there doesn't mean
case dismissed the prosecutor could ask the judge to reschedule for
next time and it will be done so be nice to prosecutor and bring
witness
Subject: Re: Help needed badly with a traffic infraction in NY State
From: myoarin-ga on 09 Mar 2006 14:03 PST
 
IF the policeman was a few blocks away, you might have the argument
that he could not correctly recognize when you passed the yellow stop
light  - that the light had changed to red after you had passed.  That
argument might depend on how the streets and intersection were
lighted.  If they were evenly lit  - or not lit -  he would have more
difficulty identifying just where your car was, especially if by
chance he was observing the intersection in his rear view mirror.  Do
you remember where his car was, was he in it, did he turn on his
lights, ...?

A really long shot would be an argument that he could only observe the
traffic light for traffic in the other direction.

Of course, I am just speculating.
Good luck.
Subject: Re: Help needed badly with a traffic infraction in NY State
From: pcventures-ga on 09 Mar 2006 17:11 PST
 
Quite frankly I'm just looking to not get a point-accumulating violation.
 If I can get this reduced to something like that, I'll take it.
 Any other pointers on trying to get it merely reduced?
 Should I make any attempt to mention my otherwise excellent driving record?
Subject: Re: Help needed badly with a traffic infraction in NY State
From: onenonblonde-ga on 10 Mar 2006 00:37 PST
 
Check the specific wording of NY law.  In my state, the law says a
driver may not ENTER an intersection on a red.  Proceeding through is
not a violation.  If your state's wording is similar, and you can
quote the statute exactly, the Judge will take your arguement more
seriously, as your claim is yellow and the officer's is red.

Go to court, be polite and unerringly respectful, succinct and
professional.  Give the judge an out (if the above is similar for you)
and odds are he'll call it a draw to move on with his day.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy