seat belt violation

[daverojas]

can a ticket be fought because the officer puts the wrong time on the ticket? actually instead of marking that it was p.m. marks that is was a.m.

[txinvestigator1]

yes

[Recondo]

You can fight any ticket you feel is unjust or inaccurate..will you win over such a minor mistake is another question..does your area have a law that states seat belts do not have to be worn before noon each day, but after 12:01pm its "click it or ticket"!! ..get my drift?

[Seand442]

You can fight the ticket but 99 out of 100 times you will lose. Of course there will always be that one total chode of a judge. The rest of them understand that mistakes happen and if it comes down to the officer checking a box that is 1cm awa from the correct on, the cite will stand.

[mcsap]

There are "fatal" and non-fatal errors. We use military time so it isn't likley to occur but working all 3 shiftsd in a 6 week rotation I have done it. I can correct any errors up to the trial itself.

[Joeyd6]

in ny it will be dismmissed 99% of the time

[darrell]

in ny it will be dismmissed 99% of the time

Do you know all the judges in NY? I think not. That is a very very loose statement you just made. Time to rethink your answer next time.

[coucousis]

in ny it will be dismmissed 99% of the time

What a way to fool people asking for informations....
What kind of qualification do you have to state such a thing.... Are you a court worker in NY??? Are you a judge???
I will certainly hope that the original poster does'nt give credibility to such information.

As for the original question. You may win ... you may lose!!!! The real question you should ask yourself is
"Did I deserve this ticket????" If I was not buckle... then take it and pay it....
If you were ... then fight it and mention the error!!!!

Do you have a day to lose in court???
In your original post there is no mention that the seat belt was in fact buckled.... I've always beleived that people showing up in court were doing so because they are pretending they did not commit the infraction as stated on the ticket.
Getting off with a technicality like this is rare!!!

Good luck anyway!

[Joeyd6]

Do you know all the judges in NY? I think not. That is a very very loose statement you just made. Time to rethink your answer next time.

While I do not know most of the judges, I HAVE TESTIFIED OVER 2000 times in front of multiple judges. And by the way, the NY VTL and NY VTL administrative judges guide clearly states if a mistake on a moving summons is made in the: license plate, vehicle type, color, date of offense, TIME of offense, error in the VTL Code written, or street location is made on the ticket, a prima facia case can NOT be established and the ticket WILL BE DISMISSED!

And NY, unlike many states, does NOT allow and officer to ammend a ticket in any way after it has been written for a VTL offense going to VTL court. There are very strict rules. Any error as such would be dismissed. Now a VTL going to criminal court could be ammended at the time of the testimony.

Many savy NY cops, if ordered to write a ticket by a supervisor, does not feel it is necessary for the circumstances, will make an error in one of these areas so no matter how they testify, the judge will be forced to dismiss it if the motorist pleads not guilty and requests a hearing.

It is not a loose statement. It is a factual statement. Until you come to NY and write and testify and know the procedural law.....don't point the finger. Any doubts and come for a visit to NY...you can watch this happen all day in any MV Hearing room. Re-think your answer next time....I clearly stated this was for NY....not your state or any other.

[mcsap]

Would you care to enlighten us as to your profession JoeyD6 ?

[Joeyd6]

What a way to fool people asking for informations....
What kind of qualification do you have to state such a thing.... Are you a court worker in NY??? Are you a judge??? [/QUOTE]

No....a NY Cop who has testiofied in over 2000 traffic summonses.....Last year alone I wrote over 3000...yes..three thousand moving summonses. In testifying over 2000 of them...I can tell you that the NY state law is VERY specific in that an error of date or time means a prima facia case has not beens established by teh satte and a judged MUST dismiss the ticket. I also already posted a NY officer can not ammend a ticket in any way once it has been written in NY for a VTL offense. You must testify to teh proper info and the case will be dismissed for the same reasosn as stated. Speak for Canada ....not NY. I was clear this was for NY.

Getting off with a technicality like this is rare!!!

Are you a judge in every state of the US and providence in Canada? At least I only spoke for my state where it would be thrown out! Come cross the border and visit and NY MV Hearing....I will meet you there and we can count how many times I am right. I don't know about teh other areas but in NY...it will be dismissed!

[mcsap]

It would lend to your credibility to state that you are a LEO.

Why don't you contact Real Police and submit the documents to obtain the verified tag under your name ?!

[darrell]

It would lend to your credibility to state that you are a LEO.

Why don't you contact Real Police and submit the documents to obtain the verified tag under your name ?!

Thank you.

[woah]

In addition to the fact that Joeyd6 said 3000 tickets last year and 2000 testimonies ever (not last year), you guys shouldn't be so harsh. If you've read his other posts, he's either an NYPD officer or a very knowledgeable imposter.

[coucousis]

:rolleyes:

I deleted the last post I did toward JoeyD6.... cause it was too harsh and unnapropriate..... Now this being said...

In the mean time... I will appologize about my comments but will make proper verifications about your allegations. The least I could say is that it would be unusual for a cop not to be able to ammend his ticket for such a mistake...