Legal Question in Traffic Law in New York

In 2004 I got a speeding ticket in Manlius NY for going 81mph in a 65mph zone. I did speed up to avoid collision with a large truck, but resumed back to normal speed. I'm not even sure I got up to 81, but that's what the cop says. There was actually a convoy of trucks entering the highway when this happened, and I wound up passing all 3 of them before returning to the expected speed. I was scheduled to appear in court in October of 2004, but I was hospitalized and it was postponed. Since that time, I had been in and out of the hospital fighting for my life, and never got the rescheduled date. In 2007 after physical therapy, I was able to drive again and I got a ticket for a suspended license, and I went to court and I had to write a letter to the district attorney's office, and the letter explained exactly what I explained to you in the above statement. I thought that this letter took care of both situations, but apparently it did not. Now I'm going to trial for the original ticket on Sept. 3, 2009. I can't afford an attorney because I'm on disability, and I don't know how to represent myself. What do I do? I called today and asked for the deposition and of course they said it was too late to ask for, but that the cop would be there to answer any question I may pose to her.


Asked on 8/28/09, 1:48 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Go to your local county law library and research "how to present a case in a court of law." Here are a few tips: (1) make an opening statement (who you are, what happened on the day in question); (2) the prosecution will present their case first; (3) Cross-examine the officer (asking him a hypothetical question on driving as it applies to your situation) (ask the judge to hold all of the prosecution witnesses for your case-in-chief); (4) The prosecution will close their case-in-chief and then its your turn; (5) go on the stand and present your testimony in a narrative form; (6) the prosecution will likely ask you questions; (7) call your witness and ask them questions); and (7) make a closing statement after the judge invites you to make your final argument. Good luck!

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Answered on 9/03/09, 10:14 am


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