speeding ticket

[philip]

Anyone know if there is a statute of limitations on speeding tickets? I
received a ticket almost a year ago and pled not guilty. I received my
trial date just now. Isn't there a point where it's too late to nail me on
this? Aren't I entitled to a timely trial?

[Toastmaster]

philip wrote:

Anyone know if there is a statute of limitations on speeding tickets? I received a ticket almost a year ago and pled not guilty. I received my trial date just now. Isn't there a point where it's too late to nail me on this? Aren't I entitled to a timely trial?

Yes, but that has nothing to do with the statute of limitations.

[philip]

Yes, but that has nothing to do with the statute of limitations.

Yes your right. I shouldn't have said statute of limitations. Is there a
time limit in NY as to when you have to have a trial set by before the
traffic violation gets thrown out?

[Toastmaster]

philip wrote:

Yes, but that has nothing to do with the statute of limitations. Yes your right. I shouldn't have said statute of limitations. Is there a time limit in NY as to when you have to have a trial set by before the traffic violation gets thrown out?

What county did you get the ticket in?

[JSACKS]

The best advise is to use the long time in your favor.

When you cross examine the officer you are looking to find fault in his
testimony. Allow him to testify, ask if he recalls the situation or if he
is refering to his notes, ask if those notes were made at the time of the
ticket. Once he answers yes, then motion to have the notes entered as
evidence. You can then review his notes and see if there are any
inconsistancies. If there are you will ask the officer, "your notes state
x, why did you testify y?".

Your job is to create reasonable doubt, if you can then the offense should
be dismissed. One more piece of advise, don't testify. There is nothing
you are going to add that you can not bring out in cross. You are still
entitled to make a closing statement based on the testimony. Also, go to
this court prior to your court date and observe. You will learn more about
how the court operates and how tickets are dismissed.

One last option is to talk to the officer before the trial. It is customary
in many NY courts to plea bargin the case, you can look to a reduced fine
and points.

JSACKS<<
Lead, follow or get out of the way!


"philip" <tech424@frontiernet.net> wrote in message
news:cXJbb.156$sG1.135@news01.roc.ny...

Yes your right. I shouldn't have said statute of limitations. Is there a time limit in NY as to when you have to have a trial set by before the traffic violation gets thrown out?

[philip]

"JSACKS" <dontemailme@iname.com> wrote in message
news:vmuv07h1dp4jcf@corp.supernews.com...

The best advise is to use the long time in your favor. When you cross examine the officer you are looking to find fault in his testimony. Allow him to testify, ask if he recalls the situation or if he is refering to his notes, ask if those notes were made at the time of the ticket. Once he answers yes, then motion to have the notes entered as evidence. You can then review his notes and see if there are any inconsistancies. If there are you will ask the officer, "your notes state x, why did you testify y?". Your job is to create reasonable doubt, if you can then the offense should be dismissed. One more piece of advise, don't testify. There is nothing you are going to add that you can not bring out in cross. You are still entitled to make a closing statement based on the testimony. Also, go to this court prior to your court date and observe. You will learn more

about

how the court operates and how tickets are dismissed. One last option is to talk to the officer before the trial. It is

customary

in many NY courts to plea bargin the case, you can look to a reduced fine and points. JSACKS<< Lead, follow or get out of the way!

Thanks for the suggestions.

[Skip]

On Tue, 23 Sep 2003 14:24:09 GMT, "philip" <tech424@frontiernet.net> wrote:

"JSACKS" <dontemailme@iname.com> wrote in messagenews:vmuv07h1dp4jcf@corp.supernews.com...

You can ask for the notes in advance. It's called "discovery".

[philip]

You can then review his notes and see if there are any

inconsistancies. If there are you will ask the officer, "your notes

state

x, why did you testify y?". You can ask for the notes in advance. It's called "discovery".

I just got off the phone with a court clerk. Asked for the "notes". She
said it's too late to get it. (Trial is the 30th) She said I could've asked
for a supporting deposition from the officer when I got the ticket. Since I
didn't do it then, she can't help me now. I mentioned "discovery." She
said no, sorry.

[Alex Rodriguez]

In article <O22cb.89$CI3.81@news02.roc.ny>, tech424@frontiernet.net says...

You can then review his notes and see if there are any

state

I just got off the phone with a court clerk. Asked for the "notes". Shesaid it's too late to get it. (Trial is the 30th) She said I could've askedfor a supporting deposition from the officer when I got the ticket. Since Ididn't do it then, she can't help me now. I mentioned "discovery." Shesaid no, sorry.

If this is NY state, you can still get a supporting deposition. When you
go to court, you can request one at that time and then get an adjourment
to prepare a case.
----------------
Alex

[JSACKS]

You would not want motion for the notes, you want to allow the officer to
testify without knowing you are going to request the notes.

Many times the officer will make statements based on what he thinks he did
or would normally do during the stop, you are trying to show that he has
entered testimony that he has admited he does not actually remember the
stop.

This is not a procedural issue as much as a strategy.

JSACKS<<
If you're not the lead dog, the view never changes!

"Skip" <skipfromla@yahoo.com> wrote in message
news:kuv0nv4oan7m13lnnu1p90g5cqtp9daaeh@4ax.com...

On Tue, 23 Sep 2003 14:24:09 GMT, "philip" <tech424@frontiernet.net>

wrote:

he

is refering to his notes, ask if those notes were made at the time of

the

ticket. Once he answers yes, then motion to have the notes entered as evidence. You can then review his notes and see if there are any inconsistancies. If there are you will ask the officer, "your notes

state

x, why did you testify y?". You can ask for the notes in advance. It's called "discovery".

[Skip]

On Wed, 24 Sep 2003 15:18:57 -0400, "JSACKS" <dontemailme@iname.com> wrote:

You would not want motion for the notes, you want to allow the officer totestify without knowing you are going to request the notes.Many times the officer will make statements based on what he thinks he didor would normally do during the stop, you are trying to show that he hasentered testimony that he has admited he does not actually remember thestop.This is not a procedural issue as much as a strategy.

How does your strategy work if the officer doesn't bring his notes to court?

[Toastmaster]

Skip wrote:

On Wed, 24 Sep 2003 15:18:57 -0400, "JSACKS" <dontemailme@iname.com> wrote:

How does your strategy work if the officer doesn't bring his notes to court?

Doesn't matter since that's pretty much an automatic dismissal, at least
around here.

[JSACKS]

I assume you are not just a troll....

Then you will ask about how many stops he has made in the past year, does he
remember every stop? Can you describe the vehicle? Were there any other
passangers? What kind of dog was in the back seat?

It will become clear quickly that the officer does not remember the stop and
has no notes, any judge worth anything will consider this to be reasonable
doubt and dismiss.

JSACKS<<
Lead, follow or get out of the way!

"Skip" <skipfromla@yahoo.com> wrote in message
news:hhu4nv0tch348q38e0l41e32q8t4eq4a5t@4ax.com...

On Wed, 24 Sep 2003 15:18:57 -0400, "JSACKS" <dontemailme@iname.com>

wrote:

did

or would normally do during the stop, you are trying to show that he hasentered testimony that he has admited he does not actually remember thestop.This is not a procedural issue as much as a strategy. How does your strategy work if the officer doesn't bring his notes to

court?

[Skip]

On Thu, 25 Sep 2003 22:24:50 GMT, Toastmaster <woohah@noemailme.com> wrote:

Skip wrote:

Doesn't matter since that's pretty much an automatic dismissal, at leastaround here.

Not here.

[cyberdynedragon]

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www.fight-the-speeding-ticket.com remember friends help out friends
good luck
john bass