I didn't want to, but I gotta ask for ticket advice! (New York)

[Schneiderman]

I got a ticket today for HOV lane violation because I swerved into the HOV lane to avoid a possible rear-ending. The officer sounded pretty apathetic about it, asked for my license but NOT my registration, but to my surprise came back from his car with a ticket. He told me to go to court and plead not guilty. Trying to figure out how to fight this I notice two things on the ticket: it has the wrong color on my bike and it has no registration expiration date. I've tried to find out what constitutes an improperly filled out ticket but I can't find it, so I'm asking here if anyone knows for sure. It seems kinda shaky to me but it'd be great if not having the registration voids the ticket.

If not, I'll have to try and convince them that I had a valid excuse for swerving into the HOV lane.

[Goliath616]

we don't HOV lanes here where I live, but I thought that bikes were permitted to use them.....I would just do what the cops said, plead not guilty and explain what happened

[Schneiderman]

Bikes are permitted, being in the lane is no problem, I swerved into the lane over the divider. You're only supposed to enter at certain spots.

[Goliath616]

ahh ok I see, well then I would just do what the cop said, go to court (yeah I know, it takes time and sucks, but...) plead not guilty, and explain what happened....the cop shouldn't have written the ticket in the first place, especially if he saw what happened

[Schneiderman]

I don't think he saw, I'm not sure where he was when it happened. He had to be a little ways back because it took a minute before he came up behind me.

[PJL]

I got a ticket today for HOV lane violation because I swerved into the HOV lane to avoid a possible rear-ending. The officer sounded pretty apathetic about it, asked for my license but NOT my registration, but to my surprise came back from his car with a ticket. He told me to go to court and plead not guilty. Trying to figure out how to fight this I notice two things on the ticket: it has the wrong color on my bike and it has no registration expiration date. I've tried to find out what constitutes an improperly filled out ticket but I can't find it, so I'm asking here if anyone knows for sure. It seems kinda shaky to me but it'd be great if not having the registration voids the ticket.

If not, I'll have to try and convince them that I had a valid excuse for swerving into the HOV lane.
Is the license plate number right and is your driver information correct? If so, you're probably not going to get off on a clerical error.

[iamgumby]

Typo errors won't make your case. Plead not guilty and go visit with the over-worked and underpaid prosecutor who would rather not drag every case that comes into the office into court. State your case and offer reasonable explanation for officer not able to observe situation. Hope you have a clean record and a completed msf course on your side. Worst case scenario (around here) is having to take a driving sfety school.....like 'experienced rider's course'...kapish? Ya got court costs and pay for your school - but ya wanna go to that school anyway, right? Charge deferred and a coupon for your insurance, too.

[wutzcrack3n]

i know some leos in g-town and he said he once put the wrong address(location of traffic stop) on a ticket and the judge dismissed it, so maybe if you point out the color and expiration date they may drop it, but your in a total diff state may not be the same where you are.

[NoRegrets78]

Wrong expiration I don't think will work, but wrong color might if its completely off...what color did he write?

Sucks you got busted for saving your own ass. I say go to court and plead your case. Did he bust you JUST as it happened or did you stay in the HOV lane after you swerved in?

[Schneiderman]

He wrote black, the bike is green, dark green but if he wrote black he wasn't really paying attention. I did stay in the HOV lane, I guess that could make me look bad... my defense would be that it's safer there than in traffic but they probably don't care.

My plan is to delay my court date as much as I can, then just tell them what happened, tell them I'd be happy to take a safety course and hope for the best.

[Gills]

If he told you to go to court and plead not guilty...do it.

In Oregon the Officer must be in court to defend his ticket. If he is not there, the ticket gets dropped.

A lot of times they will write the ticket because the 30 vehicles watching him expect him too. He will then tell you to go to court and plead not guilty. On the day you go to trial, he will be a no show and the ticket is dropped.

He saves complaints from the public, and you get no ticket.

[NoRegrets78]

Agreed with gills...if he says go plead not guilty just do it, don't delay...he might be doing you a favor.

[LethalThreat]

Plead not guilty like he said to do. At least in CT if you fight it and the officer doesn't show up, they throw it out.

[Schneiderman]

I changed my mind, I am just gonna go show up. The date and time he gave me is actually very convenient and I don't want to post pone it then get some date that's a pain in the neck for me to make. Also whatever happens I get it over with quickly so I don't have this hanging over me for months. So we'll see what happens this friday...

[LethalThreat]

Good luck.

[NoRegrets78]

Yea good luck and keep us posted!

[Gills]

I don't know how it works in your state, but in Oregon the first court date is strictly for the plea. You either say guilty and pay the fine (and they will try to talk you into doing that) or you plead not guilty and a trial date is set.

Again...if he told you to plead not guilty, do it. The extra court date will be worth the saved money on your insurance.

[wutzcrack3n]

Plead not guilty like he said to do. At least in CT if you fight it and the officer doesn't show up, they throw it out.

they do that almost anywhere, most they will do is make you take the course or def driving and it will be deferred you could probably even take it from home on a comp. if they dont specify the type of course

[LittleEddie]

In WA you can admit the infraction, request a "contested hearing" or a "mitigation hearing".
In a constested hearing you are saying that you didn't do it and the Officer needs to submit a report and maybe be called to testify to back up that report then the judge decides who's in the wrong. If the Officer doesn't show, they'll use the report.
In a mitigation hearing, you're admitting the infraction but with an explenation, hoping that it gets thrown out or at least reduced.
If your state has something like that, it may be the way you want to go. You've already said that you "did" commit the infraction, but that you had a very good reason to. Usually the judges in my county will listen and use common sense and toss an infraction like yours out.

[MattInFla]

He wrote black, the bike is green, dark green but if he wrote black he wasn't really paying attention. I did stay in the HOV lane, I guess that could make me look bad... my defense would be that it's safer there than in traffic but they probably don't care.

My plan is to delay my court date as much as I can, then just tell them what happened, tell them I'd be happy to take a safety course and hope for the best.

Actually, I'd argue staying in the HOV lane makes you look good.

"Your honor, I did cross over the barrier to escape a possible collision because I had no other choice. Having done so, I had no choice but to continue in the lane until I could safely and lawfully exit back to the regular lanes".

Matt

[Badlands-4-2]

I agree with Matt, also bring a picture of your bike to show the color and to show that the officer may not be as observant as he claims.

[NoRegrets78]

Actually, I'd argue staying in the HOV lane makes you look good.

"Your honor, I did cross over the barrier to escape a possible collision because I had no other choice. Having done so, I had no choice but to continue in the lane until I could safely and lawfully exit back to the regular lanes".

Matt

BRILLIANT!

[super32]

BRILLIANT! (http://www.youtube.com/watch?v=3DPKf7y1F-Q)

Fixed it.... just the "brilliant" parts though :cool:

[Schneiderman]

Actually I didn't pay attention to the date, my appearance date isn't until April. I guess I will mail the thing in for now.

[NoRegrets78]

Fixed it.... just the "brilliant" parts though :cool:

LOL, I remember those commercials...funny stuff.

[Rickracer]

Go to court, betcha a dollar to a doughnut the cop doesn't show, ticket gets tossed out.....;):cool:

[super32]

Actually I didn't pay attention to the date, my appearance date isn't until April. I guess I will mail the thing in for now.

do NY LEO's get paid when they're in court?

it was 10+ years ago that California, USA started paying their LEO's to go into court to testify against traffic citations, which was a variable in determining whether or not it would be a good idea to assume LEO would show or not.

[Schneiderman]

Yeah I'm pretty sure they get paid overtime, even if it is their assigned court date.

[Rickracer]

My point was, if he told you to go to court, either he won't show, or he plans to agree that you did the safest thing by staying till you could cross back lawfully, either way, that's better than paying the ticket. :cool:

[Sapper81]

He told you to plead not guilty because he plans on not showing up.

[Kaellie]

Couple things,
1) ALWAYS, ALWAYS call the court and request an extension. Most cops write the court dates for dates that are convenient for them, like maybe Tuesdays and Thursdays because they pick up the kids from soccer practice on those days and need to be off early. Getting an extension means you are:
a)improving your chances of the cop not showing up at all, and
b) increasing the chance that he will forget you entirely and not bother to press charges.
If you can extend twice, then extend twice. Cops see a lot of people in a day.
2) Find out exactly what you were charged with, based on the code number that was written on your ticket. Frequently, the officer will site you for a violation that you have not actually committed, instead of citing you for what he thinks he's cited you for. Look it up and find out specifically what elements are required for you to be in violation. Are some of the elements subjective? Like a "safe and reasonable" speed, for example? Did he site you for being in the HOV lane (which on a motorcycle you have the right to be,) or did he remeber that what he should have cited you for was crossing a double yellow? Are there provisions in that code that allow it in the event of emergancy action, or to avoid an accident? Things you need to know...
3) Get a hold of the evidence that is being used against you. If you are refused you can request the case be dismissed. See Pre-Trial Discovery: http://criminal.lawyers.com/traffic-violations/Fighting-Your-Traffic-Ticket-and-Pre-Trial-Discovery.html

This is a good website that may help you understand the process a little more. http://criminal.lawyers.com/traffic-violations/Contesting-Your-Traffic-Ticket.html

The best thing you can do for yourself is learn as much as you can about the court process as possible. There is good information that a simple Google search will help you turn up. You are a citizen you have rights, and regardless of those people who say that you are "f***ed becuse all cops are pigs, and the courts are just set up to take yur money" there are rules that they have to play by. If you know the rules, it's easier to win than if you bring a proverbial "knife to a gunfight". Best of luck.

[Hendrix]

Go to court, plead not guilty, and explain that you went into the HOV lane to avoid your accident. I don't think the ticket was for the swerving into the lane, I think it was for staying in it...that's just my opinion based on what you wrote. There's a good chance that the judge will ask you if you went back to the regular lanes as soon as you had an opportunity to do so...and your truthful answer will be "no". However, it might not even get to that because the cop has the option of dismissing the ticket. The dark green vs black argument can be sketchy depending on how dark the green is...if he got the make and model right, then getting it thrown out that way probably won't work. I hope it works out for you. I'm not sure what the officer is going to do but most of us usually recommend dismissal if the person was polite and seemed conscientious. Good luck!

[Gills]

Couple things,
1) ALWAYS, ALWAYS call the court and request an extension. Most cops write the court dates for dates that are convenient for them, like maybe Tuesdays and Thursdays because they pick up the kids from soccer practice on those days and need to be off early. Getting an extension means you are:
a)improving your chances of the cop not showing up at all, and
b) increasing the chance that he will forget you entirely and not bother to press charges.
If you can extend twice, then extend twice. Cops see a lot of people in a day.
2) Find out exactly what you were charged with, based on the code number that was written on your ticket. Frequently, the officer will site you for a violation that you have not actually committed, instead of citing you for what he thinks he's cited you for. Look it up and find out specifically what elements are required for you to be in violation. Are some of the elements subjective? Like a "safe and reasonable" speed, for example? Did he site you for being in the HOV lane (which on a motorcycle you have the right to be,) or did he remeber that what he should have cited you for was crossing a double yellow? Are there provisions in that code that allow it in the event of emergancy action, or to avoid an accident? Things you need to know...
3) Get a hold of the evidence that is being used against you. If you are refused you can request the case be dismissed. See Pre-Trial Discovery: http://criminal.lawyers.com/traffic-violations/Fighting-Your-Traffic-Ticket-and-Pre-Trial-Discovery.html

Best of luck.


You a lawyer?

Traffic courts are only open certain days of the week. And depending on what calendar day of the month the citation was issued will determine what day court is. The Officer has no discretion.

If the court date is on the Officers work schedule, then yes he/she gets paid regular wages to attend. If it's during his/hers off hours, then yes he/she gets paid Overtime. Would you work for free?

If you get an extension, the Officer is notified of the extension.

Bottom line is...he told you what to do. That can only mean one thing. He is helping you. I would take the help and not try to make waves. It could tick him off and make him change his mind.

[NoRegrets78]

Some cops tell you what's best without being as blunt as you like sometimes.

I had a fender bender back in the day where I rear ended this woman who had to stop short cause she was cut off.

Cop told me "Make sure you tell your insurance company about the sun glare". I remember thinking, what glare? Then I got it. Did what he said and they never raised my rates or anything.

[daw840]

Good luck man. When is the court date?

[bcane98]

I love NY Leo's... My wife got a ticket on Xmas day (@ 0100) many moons ago... we wrote to the DA about living in England (we are military) for 6 years and highway speed limits are a little different, the cop obviously saw myself and my friend were intoxicated (she was DD), and it was Xmas morning... long story short we didn't even have to go to the court.

IMO I would go, state your case, and I am sure the judge will understand even if the cop is there...

I love NY... lol...