Unjust Driver's License Suspension in New York

[Mr.Lockheart]

My question involves a driver's license issued by the State of: NY

Hi all. First post, just hoping for a little advice.

I was written a citation by a rookie cop on August 24th for speeding. I honestly do not know what my exact speed was, as I had just moved from a 55 MPH to a 30 MPH zone, and don't know where the officer was sitting. I do however know that I was slowing down, and in the thousands of times I've driven this section of road into town, I never had a problem here before, even during broad daylight with officers sitting in plain view.

After admitting to the officer that I wasn't sure why I was being pulled over, he told me I was doing 48 in 30, and asked for my license.

As he handed me the ticket, he told me that 'all the roads in the village are 30MPH'.

Well, first of all, I've lived in the area for 25 years, second of all, they aren't all 30MPH zones... but this isn't the point.

I received a letter in early March stating that if the court didn't hear from me by the 31st, they would suspend my license. This came as a surprise to me, because I had asked an officer friend to help me out, he said he would, and I never heard anything back from him stating otherwise.

I sent in a letter to the court on the 29th of March. This, as far as I know, was more than on time, seeing as I had until the end of the month. In addition to my plea of 'not guilty', I made a formal request for information from the officer through the court for things such as: radar calibration and licensing documentation, as well as how many other tickets the officer wrote prior to, and after my citation, and a copy of a supporting deposition from the officer. (Our small county of about 8,000 people has a population spike from mid June through the end of August of up to 175,000 people from NYC... I was curious to see how many tickets the officer wrote that night)

Yesterday, I got a letter in the mail from the court, stating that my license had been suspended temporarily, and if I wanted the temp. suspension lifted, I had to pay $70 in order to do so, and only then would I get a court date.

So finally, to my question: How can they do this? My response was received in time by the court to avoid suspension. None of the information that I requested was given to me. I don't even get the opportunity to see a judge and my accuser until I pay to have the suspension temporarily lifted.

I plan on writing another letter to the court, again requesting (more) details from the officer. How can I defend myself against the accusation if the court and officer are unwilling to respond to my request for documentation?

Any advice would be appreciated. Thanks

[That Guy]

I sent in a letter to the court on the 29th of March.

Do you have some sort of proof (Return Receipt/proof of delivery... etc) that your letter was received by the court BEFORE March 31st?

[Mr.Lockheart]

Unfortunately no, but the letter was postmarked on the 29th, I had them do it at the post office. If it failed to make it two blocks in less than two days, I would be severely upset. There was no remarks as to the date the letter was received by the court (not that's I'd expect a 'sorry, but it came a day late' from them) The response letter from the court was dated April 13th, but I just received it as I was out of town for two weeks.

Ok, so let's say the letter didn't get there in time. How can they completely disregard my request for the information that I wanted?

Let me ask this... I'm looking at the letter, and it states '... you will have to pay $70.00 to temporarily lift the suspension of your license. Once you appear in court and the ticket is disposed of...' I know it's a reach, but it sounds like 'pay the 70 bucks and we'll throw it out'.

Either way, I don't understand why I have to pay the court to get a court date.

[That Guy]

Unfortunately no, but the letter was postmarked on the 29th, I had them do it at the post office.

"Postmark date", and as far as the courts are concerned, does not, by any stretch, mean "received date". The letter you initially received from the court stated that the court must hear from you by March/31st. That, to me, means that if your response is not received by the end of the day on March 31st, that your response is "untimely". Contact the court and ask them if/when your letter was received. Only they can answer that for you!

If it failed to make it two blocks in less than two days, I would be severely upset.

Hindsight is 20/20... I would have walked the 2 blocks and hand delivered that letter to the court.

Ok, so let's say the letter didn't get there in time. How can they completely disregard my request for the information that I wanted?

I am not too familiar with NY's discovery procedures, but my guess is that the court is not under any obligation to provide you with any discovery (of information that may or may not be in the court's possession)... Usually, either the prosecutor or the law enforcement agency carry that burden.

Let me ask this... I'm looking at the letter, and it states '... you will have to pay $70.00 to temporarily lift the suspension of your license. Once you appear in court and the ticket is disposed of...' I know it's a reach, but it sounds like 'pay the 70 bucks and we'll throw it out'.

I am not preview to the full letter you have or what it says. My guess is that you're reading that line out of context. "disposed of" might mean "adjudicated" rather than "dismissed". In other words, the $70 will get your license reinstated and you'll still have to answer to the underlying speeding charge. Again, only the court can give you a definitive answer on that.

Either way, I don't understand why I have to pay the court to get a court date.

Two words "court costs"... Some states have those additional costs included in the total fine amount, while others will only charge those amounts if you contest the citation rather than just pay the fine.

[Mr.Lockheart]

Just got off the phone with the court. The clerk had no idea when she got the letter, but her response was 'I get a lot of mail every day, so I probably didn't get to it right away'.

She wouldn't let me get a word in edge wise, and told me if I wanted a court date, I would need to spend 70 dollars. The justice system is a freaking abortion.