| Author | Message | ||
| TOM BUCKLEY (Tom_b)
Junior Member Username: Tom_b Post Number: 95 Registered: 6-2003 |
Warren, I've had a similar occurance. The officer has told you how to get out of the ticket. Just show up in court and state that you requested a deposition and never got one. The case will be dismissed. No muss, no fuss.  Tom | ||
| Warren L. (Warren)
Member Username: Warren Post Number: 295 Registered: 2-2002 |
Crusing, Thanks for the advice, but I don't want to file a complaint after the officer told me how to get off without any fines or points. Yeah he gave me a little bit of a hard time but it was worth it if it means no ticket. | ||
| Crusing (Crusing)
Junior Member Username: Crusing Post Number: 113 Registered: 10-2002 |
Contest the ticket. File a complaint against the officer for his conduct which was unlawful. At the hearing explain to the judge what the officer did to you with specifics. Many times the judge will not like the conduct and may throw out the ticket. Get an attorney to give some advice in your state about beating a ticket on radar or what ever means the officer read your speed. Good luck. Police should not be allowed to continue to go on "fishing expeditions" late at night. | ||
| Mitchell Le (Yelcab1)
Member Username: Yelcab1 Post Number: 682 Registered: 11-2001 |
Warren, this is just an educated guess on the Depo thing. If you asked for a supporting deposition (it is like evidence in court, submitted in writing instead of personal testimony) and he did not provide one, that means there will be no evidence to convict you of anything in a court of law. So, when you show up in court and the state provides no evidence from the police officer, you will just need to ask the judge to dismiss the case on the ground of "insufficient evidence." if that does not get dismissed, then there is surely ground for an appeal. Then, that is when you hire a lawyer or hit the book on how to appeal a ticket in NY state. That is a guess, get an opinion from a lawyer in your state. | ||
| Ed P. (Ebp)
Member Username: Ebp Post Number: 259 Registered: 12-2002 |
How fast did he write you for? I would say to send it in "not guilty" and then just keep postponing the date. This is a technique my brother inlaw uses. By the time he finally goes, the ticket is so old , the cop doesn't usually even bother to show up. Case dismissed! | ||
| Don Norton (Litig8r)
Junior Member Username: Litig8r Post Number: 240 Registered: 6-2001 |
No wonder peeps have so much respect for police officers. Sounds like being shaken down by the Gestapo. You ever notice on those Cops shows when they do one in another country, that when a citizen is arrested they just respectfully take him by the arm and lead him into custody? Here, they routinely draw guns, gang tackle citizens, and they make sure one officer has his foot on the arrestee's throat or face. Then they joke about it and how manly they all are. Very scarey. | ||
| Warren L. (Warren)
Member Username: Warren Post Number: 292 Registered: 2-2002 |
Good morning everyone. Ok lets see. Yeah PBA card, its a card you get from either a police officer that you know or from a police department if you donate money or do something nice. I got it from a friend who works with the police dept. Ben, no he never asked to search my car, and he didn't end up searching my car. Just my pockets, after he found nothing on me I guess he didn't want to bother searching the car. Robert, yeah I thought the handcuffing was excessive too, but it happened in the beginning when I was first asked to get out of my car. He even said it was for his safety first, so I just repeated it, and then he gave me a heart attack by saying it was the weed. It thought I was being framed or something. The funny thing was he WAS polite and very calm. I think I played it right by being polite and just following his orders, I really had nothing to hide. So can anyone help me out with the deposition thing? I need advice | ||
| Ken (Allyn)
Intermediate Member Username: Allyn Post Number: 1178 Registered: 10-2001 |
PBA=Professional Bowlers Association. It is a well known fact that pro bowlers almost always get out of speeding tickets. That officer must have been new on the job. | ||
| Paul Bianco (Paulie_b)
Member Username: Paulie_b Post Number: 879 Registered: 1-2003 |
PBA Card...Police Benevolent Association. | ||
| Robert McNair (Rrm)
Member Username: Rrm Post Number: 671 Registered: 5-2002 |
IMO there is no way he should of handcuffed you. If he searched you and found nothing, then searced your car and found nothing, and gave you a series of sobriety tests and you passed then there is no reason to handcuff you. Since presumably we are considered innocent till proven guilty then he can't handcuff you before he searches/does drunk testing. | ||
| Ben Cannon (Artherd)
Member Username: Artherd Post Number: 973 Registered: 6-2002 |
Warren- did he "ask" if he could search your car? (because saying 'yes' waives your right to refuse and ask him, politely of course, to get a warrant.) The weed thing was a trick, to get you to admit to having it (if you had it of course) it's a bluf. He sounds like he was being pretty polite (and buddy passed out in pass seat, 4am, just came from a club, yeah, I'd search you too but that does NOT give him the right to violate your rights either. Also, I am pretty sure it is not lawful for an officer to restrain you withought placing you under arrest. Check, but that alone could get any ticket thrown out for sure, and then some. Your state and mileage may vary, and I am no lawyer. Best! Ben. | ||
| Jerry Slagle (Slag_328gts)
New member Username: Slag_328gts Post Number: 32 Registered: 9-2003 |
What is a PBA card? | ||
| Warren L. (Warren)
Member Username: Warren Post Number: 291 Registered: 2-2002 |
Patrik, He wasn't joking. He said he smelled it in my car or on me. I think he needed to say that in order to have a reason to search me. Because I was perfectly clean I didn't mind his questions or being searched. | ||
| Dan Gordon (Ferruccio)
Junior Member Username: Ferruccio Post Number: 225 Registered: 2-2003 |
You are a too nice a guy! I do not much like tax inforcers...uh I mean Police officers. I would have ripped him a new one and probibly got in more trouble......I just think the way police officer conduct buisness is unAmerican. | ||
| Patrick Denonville (Arizonaguy)
Member Username: Arizonaguy Post Number: 685 Registered: 4-2003 |
Um... Why did the officer joke about you having weed? | ||
| Warren L. (Warren)
Member Username: Warren Post Number: 290 Registered: 2-2002 |
Yet another speeding ticket question for the advanced ticket defenders or attorneys out there: I was caught speeding very late at night (or I should say early in the morning) on a long stretch on the LIE. Underwent extensive tests for drunkenness, drugs in the car, previous records etc etc... I was even handcuffed at one point, the officer asked me if I knew why I was handcuffed, and I replied, "for your safety?" because he was going through my pockets at the time. And then he replied, "no because of the weed." I was very confused and said there is no weed, I don't smoke weed because I have too much to lose(that�s the truth by the way). And then he kinda smiled and said alright and just took the handcuffs off. I don't blame him, believe it or not other than the extensive testing he was really a nice guy. Plus look at my situation: 1) fast flashy car 2) late at night 3) my "friend" was passed out in the car drunk and didn't even wake up when I was pulled over, did NOT make the situation look any better. 4) the officer knew we were just getting out a club. Anyways, to make a long story short, Yes of course I was sober, No of course I didn't have anything illegal, and as a bonus I was even carrying my PBA card. The officer told me he still had to give me a ticket but reduced the speed (yes, I was going fast). I then asked him if there was anything I could do to reduce the points because I have no points on my license. He said I could plea. I asked if there was anything else, and he said because you were a gentleman I suggest you ask for a supporting deposition. And then he left. Well I asked for the deposition but didn't receive one. I'm assuming this is what he meant (that he wouldn't write one). What do I do now? Do I file for dismissal? When do I do this? How do I do this? What is the procedure?I'm so traffic court ignorant, can anyone help? Thanks. |