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  1. #1
    Join Date
    Mar 2010
    Posts
    5

    Default Motion to Dismiss a Traffic Infraction

    I received a traffic infraction for speeding in a school zone and I have a hearing date of April 30th. I filed a request for discovery and a subpoena for the SMD expert today. While running around today and dropping all of the documents off with the prosecutor and the court, I decided to go out to the scene of the infraction to take some pictures. Lo and behold, I discovered that the officer's description of "at location" falls well outside of the posted school zone. I have taken pictures which prove this to be the case.

    My question is, can I file a motion to dismiss prior to the hearing or do I have to wait until the hearing to present the evidence?

  2. #2
    Join Date
    Mar 2010
    Location
    Brooklyn, NY
    Posts
    27

    Default Re: Motion to Dismiss a Traffic Infraction

    I'd say not, unless in the pictures, there is substantial proof of date and time that you took the picture.
    It also depends on whether the location and its rules are subject to change by the time of your hearing date, but I would notify them anyways and describe them your information anyways.

  3. #3
    Join Date
    Mar 2010
    Posts
    5

    Default Re: Motion to Dismiss a Traffic Infraction

    So when you say I should notify them...I should just submit the pictures to the court clerk with a written explanation? Prior to the hearing?

  4. #4
    Join Date
    Mar 2010
    Location
    Brooklyn, NY
    Posts
    27

    Default Re: Motion to Dismiss a Traffic Infraction

    Calling seems to be the fastest way to notify them, but in any other case, giving them a written explanation that notifies them before the court date does seem like your best bet. Especially if conditions and/or rules of the location you were accused of offense is subject to change within that time.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Motion to Dismiss a Traffic Infraction

    You would "notify them" at your court date during cross examination of the witness. Why would you show them this before trial????? Since its an affrimative defense, try to get the pictures in during the cops cross-exam ... then when state is done motion for aquittal before you testify (that way you'll know if the argument is a winning one). A motion for dismmissal is for when the compliant does not give sufficient facts to support the cause of action...but they do state enough facts, so this needs to be brought up at trial. And prepare an argument against the ticket w/o considering the affirmative defense. If you dont prepare well, you will likely not win.

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