Wrong Highway Disqualifies Tickets

[kadrien]

My question involves a speeding ticket from the State of: New York.

Alright, it's a simple one. I live in Northern New York state, or as a friend of mine put it "Almost Canada", NY. I got pulled over for doing 47 in a 30 zone because I was speeding up for the end of a speed zone and to go uphill in a fully-loaded Prius.

On the traffic tickets I got that day it clearly says I was driving on "Hwy No 3", on "Hwy Type 2", which the back lists as "State". The location in the supporting deposition reads as "Highway (Type/Name) 2 - STATE SR3". The village I was in is dozens of miles from the closest part of NY State Route 3. Even if he was referencing County Route 3 it's miles away from where I was pulled over. This isn't something like the color of the car being wrong (which it is, my mother's prius is silver, not gray), this is placing me in two locations simultaneously, miles apart. Would this get the tickets thrown out of court? Thanks for any help!

[EWYLTJ]

Question: were you speeding on Hwy 3 at the time listed on the ticket? If the answer is "no", then you are not guilty as charged.

I'm sure a clever way of questioning the cop would be in order (i.e. give him a map and ask him to show the court where you were at.)

[kadrien]

Question: were you speeding on Hwy 3 at the time listed on the ticket? If the answer is "no", then you are not guilty as charged.

I'm sure a clever way of questioning the cop would be in order (i.e. give him a map and ask him to show the court where you were at.)

That's about what I was thinking, but the problem is NY is notorious for ignoring simple facts like self-contradictory tickets.

I made the mistake of asking the DA's office for a reduction, so they have copies of the tickets -- and if they were truly interested in justice and law instead of getting a conviction in every case that crossed their desk they'd have thrown it out by now. I also made the rookie mistake of offering up a letter of explanation... AS A LAWYER SUGGESTED I DO WHEN I ASKED HIM ABOUT THE TICKETS!!!!

To paraphrase him: "Plead guilty and give them some extenuating circumstances."

No guilty plea here yet, just waiting on the DA's office to see what kind of deal they'll offer. If it's cheap enough and no points I'll just pay the extortionist and walk away. Otherwise I'm going to go to court if I have ANY chance of success.

Can you tell I'm nervous?

Thanks for your help.

[blewis]

I notice from a map that County Road 14 is also called "Highway Number 3" -- near Copenhagen -- about a dozen miles from SR3. Is that, by any chance where you were? If that's the case, the "type" may be wrong, but that would be considered a "clerical" error and of no consequence. If it goes to a hearing, the officer will probably clarify the situation. If I were you, I'd hope for the deal.

Barry

[kadrien]

I notice from a map that County Road 14 is also called "Highway Number 3" -- near Copenhagen -- about a dozen miles from SR3. Is that, by any chance where you were? If that's the case, the "type" may be wrong, but that would be considered a "clerical" error and of no consequence. If it goes to a hearing, the officer will probably clarify the situation. If I were you, I'd hope for the deal.

Barry

Copenhagen, NY is a long way away from where I was pulled over. I was north of Canton, NY, if that helps. Thanks for looking into that! Driving directions from where I was to Copenhagen involve a 20+ mile trip ONTO Route 3 along a totally different road from the one I was on. In fact, I'd have had to backtrack to even get on THAT road. Thing is, traffic court isn't about legality, it's about hoovering as much cash out of the citizen as they possibly can, so even a minor error of a few dozen miles will get tossed out most likely. My plan is to wait and see what deal is offered and if I can't swallow it to start requesting documents to fight the radar. I can't get nailed any harder than if I didn't fight, right?

[kadrien]

Would jurisdictional issues come into play on this ticket? My court date has been pushed back to the 4th (Wednesday) for my pleading to it and I'd like to know if I can just call into question that the offense supposedly occured 31.5 miles outside the village limits at the closest. NY law states that jurisdiction extends to the limits of the municipality with an additional 100 yards tacked on. It also says that an Information (a step up from what I have, which is a Simplified Traffic Information) can be amended by addition of a charge alleged by the factual part of the document, whereas the same statute lists a Simplified Information as a separate document and makes no mention of amending it.

By my count there are 4 errors on the speeding ticket; two in the accusatory part (place of occurance and highway number) and the same errors repeated in the supporting deposition in two separate locations.