Legal Question in Traffic Law in New York

recently got speeding ticket,the year on the ticket for my vehicle was wrong year ,can i get this ticket thrown out on this technicality?


Asked on 5/09/10, 12:36 pm

1 Answer from Attorneys

Christopher Brocato Brocato & Byrne, LLP

It�s not a reason to have the ticket thrown out. However, it could, if used wisely, result in the tickets being dismissed at a Department of Motor Vehicles hearing. Specifically it could be used to cast doubt on the officer�s creditability and ability to recall the facts of your traffic stop. If you decide to go without a lawyer wait until you cross-examine the officer before revealing the mistake. Also make sure you bring your registration paperwork. You can set the question up by asking him if he has a clear and independent recollection of the traffic stop without referring to his notes. At this point you have him because If he answers yes then you ask him what year was the vehicle you where operating he�ll give the wrong answer. You then ask the judge to accept your registration into evidence and note to the judge the correct registration year. The officer will then be shown to have a faulty memory. If on the other hand the officer answers no, ask him if it is important to be as accurate as possible when completing a citation and he�ll answer yes. You then once again ask the judge to accept your registration into evidence and point out the correct registration. The officer will then have been shown to have inaccurate paperwork casting doubt on the officer�s creditability. This is no guarantee to get your ticket dismissed but it�s better than 95 percent of the motorist whom appear before traffic judges.

Read more
Answered on 5/14/10, 5:51 pm


Related Questions & Answers

More Traffic Law questions and answers in New York