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  1. #1
    Join Date
    Dec 2009
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    Default New York VAT, Sec. 1110a - Failure to Obey Traffic Control Device

    My question involves a traffic ticket from the state of: NY

    Last month, I allegedly ran a red stop light. It was yellow. I tried stopping but did not have enough time to stop and ended up in the intersection because my brakes locked up and tires made noise. I kept going so I could get out of the intersection. There was an unmarked car at the intersection. The “acting chief” of a town here under investigation by State Police stopped me and said he was “cutting me a break” and giving me a hand written ticket for 1110a. I plead not guilty.

    I requested and received the supporting deposition from the acting chief. There was another person in his car. I never received a supporting deposition from the second person within the 30 day time period in accordance with CPL 100.25 and 100.40. Can my ticket be dismissed as facially defective since the second officer didn’t send a supporting deposition at all? There is no mention of the second officer on the ticket or the acting chief’s supporting deposition. If there is a trial, does the second guy have to show too, even though he probably hasn't/won't be subpoenaed?

    I hit the law books and it also seems there is case law in regards to a supporting deposition needing more information than what is on the traffic ticket. Ideas on that one?

    Getting back to the investigation by state police. Five or six officers, including the former chief, deputy chief, and a few sergeants were either arrested or fired. This “acting chief” was a Lieutenant at the time. Will a prosecutor’s objection be sustained if I try and bring any of that up to discredit the acting chief if it goes to trial? If no, what should I bring up? I will ask him if his agency is under investigation by state police and he will answer yes. How do I imply if his agency he is in charge of is still under investigation, then doesn’t that mean he is under investigation too? Or will that be met with an objection?

    I watched the light since the incident and sometimes it will be red, then turn green for two seconds, then yellow for a second, then red. How can I bring up that the light’s timing isn’t “normal”?

    Any other ideas on how to get out of it or discredit the guy? It’s 1110a, so I have nothing to lose other than a few bucks if I lose at trial (ie. no insurance increases), so I might as well reject any offer of a plea bargain. My "pre-trial conference" with the prosecutor is next month. Thanks.

  2. #2
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    Default Re: New York VAT, Sec. 1110a - Failure to Obey Traffic Control Device

    CPL 100.25 entitles you to obtain a supporting deposition from the complainant police officer, that may be based either on personal knowledge or information and belief. From what you say, you got what the statute requires. If another officer's testimony is needed in addition to or instead of the ticketing officer's testimony to secure a conviction of the charge, I would expect that officer to be summoned to court by the prosecutor.

    The idea that you'll be able to attack the acting chief for something completely unrelated to your ticket, apparently not even involving him, that occurred when he was a lieutenant? Consider it a pipe dream.

    If you want to demonstrate that the light isn't functioning properly, videotape it. Make sure that the court has playback equipment or bring your own. You can also check its maintenance history with whatever unit of government is responsible for maintenance.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: New York VAT, Sec. 1110a - Failure to Obey Traffic Control Device

    CPL 100.25 entitles you to obtain a supporting deposition from the complainant police officer, that may be based either on personal knowledge or information and belief. From what you say, you got what the statute requires. If another officer's testimony is needed in addition to or instead of the ticketing officer's testimony to secure a conviction of the charge, I would expect that officer to be summoned to court by the prosecutor.

    The idea that you'll be able to attack the acting chief for something completely unrelated to your ticket, apparently not even involving him, that occurred when he was a lieutenant? Consider it a pipe dream.

    If you want to demonstrate that the light isn't functioning properly, videotape it. Make sure that the court has playback equipment or bring your own. You can also check its maintenance history with whatever unit of government is responsible for maintenance.

  4. #4
    Join Date
    Dec 2009
    Posts
    2

    Default Re: New York VAT, Sec. 1110a - Failure to Obey Traffic Control Device

    Hi, thanks for the reply.

    What if in my summation I stated:
    "I did not run a red light. The light was yellow, and I tried stopping. My tires squealed and I locked up my brakes because I had no intention of going through a red. By that time, the light had changed and I was almost in the middle of the intersection by the time my vehicle came to a complete stop. The light did not give me a safe enough time to stop because it changed too quickly from green… to yellow… to red. Upon further investigation of this light, I found this to be a common occurrence because it changes from red to green to yellow to red again all too quickly."

    About discrediting him, a few months ago, he was a Lt. but was promoted because his two bosses (chief and deputy chief) were fired/resigned because of the scandal that rocked their department with a bunch of Sgt's doing bad deeds. Lt's are in charge of Sgt's, so this guy would have been in charge of them. The department is still under investigation so testimony is going to be coming from someone under investigation, right?

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