My question involves a traffic ticket from the state of: New York
I was pulled over on Oct 12, 2010 and givin a ticket for No Distinctive plate/insecure/dirty (that's how it's written under 'Description of violation') because i have a plastic dealer advertisment thing aroudn the edge of my license plates. I've read the law, and i believe it is intended to prevent people from having damaged plates, mud/snow covered plates, or those redlight camera defeating plastic covers over the plates.... not the little plastic license plate holders that dealers give out.
Additionally, today i got supporting deposition that they are going to admit my statement:
"Subject did not know why he was stopped. when asked if he knew how fast he was going, he stated that he thought he was going around 55-56mph."
Additional information from the sup dep:
v1 was travelling n/b on sr 12 in the town of turin south of burdicks crossing road as patrol was traveling s/b. v1 was traveling 70 mph in a 55mph zone. operator of v1 was also in violation of section 402.1 of the NYS VAT law for having a plastic license plate cover over his back license plate. The NYS VAT law states, "number plates shall be kept clean and in a condition so as to be easily readable and shall not be covered by glass or any plastic material'.
Charge is not for speeding, which i wasn't, i had my wife and kids in the car, and rarely find myself more than 1 or 2 mph over any limit. but it sounds like they'd like to say i was speeding too?! under number 7. on the sup dep it says ' Charge based on officer's DIRECT OBSERVATION'
Now... i was driving my wife's jeep (registered in her name)
The jeep is registered in New Hampshire - where our legal residence is.
So i'd like to motion for dismissal based on VAT law 250.1
If they say i'm speeding.... i'm innocent until proven guilty right? i WASN"T speeding! I was just on a rural road at night on a section of road with a lot of bars and i think the officer was looking for a drunk driver/easy out of state ticket? Going to trial dec 19th. i already went once and plead not guilty.