Legal Question in Traffic Law in New York

can judge change to a more severe type of violation

i was recently pulled over by a police oficer for allegedly passing a school bus with flashing red lights. he said he would not give me a ticket for that offense(section 1170) but for a lesser offense of disobeying flashing red (section 1110). if i go for a hearing and plead not guilty can the judge, if i'm found guilty, then change the violation to the greater offense of passing a school bus?


Asked on 6/07/03, 2:05 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: can judge change to a more severe type of violation

Pleadings can always be amended to comply with the proof. As a former Traffic Court Judge this is not the usual policy ,in general the officer who wrote the ticket is held to the complaint in this case the summons.For further info you may contact my office to scheduale a consultation @718-834-0087.

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Answered on 6/08/03, 3:58 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: can judge change to a more severe type of violation

You are describing a 'plea bargain' offer. The prosecuting agent (in this case the police officer) offers you an opportunity to plead guilty to a lesser charge. However, if you choose to go to trial (plead not guilty), you will be prosecuted on the greater charge.

In the facts that you suggest, the judge is stuck with the offense for which you are charged. The judge only decides whether you are guilty/not guilty of the charges that are prosecuted. However, before the end of the 'trial' the prosecutor (district attorney or police officer, if the officer is the prosecutor) may charge you with the greater offense. You are welcome to a consultation at my offices for no fee at 42 West 44th St, NY,NY. Please call for an apointment first -646-591-5786.

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Answered on 6/07/03, 3:12 pm


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