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Old 12-29-2009, 02:19 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,295,819 times
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I know someone who got a ticket that is completely confusing.

He got the ticket from a cop in an unmarked car. The ticket was issued in North Lawrence, yet the cop was from the Mineola Precinct, not the precinct that covers the location it happened in. (Okay, that part may not matter and they can write tickets anywhere they want to whether they work in the area or not. Is that the case?)

The person made a right turn on red and there was no sign prohibiting it. The person claims that he thinks he annoyed the police officer by stopping too close to the rear of the PO's car (????) at one point in traffic and then after that the PO followed him and stopped him after he made the right on red. He also stated that the PO followed him for 10-15 blocks AFTER giving him the ticket because he thought the PO wanted to see if he would speed or something and then be able to give a ticket "that will stick."

The Supporting Deposition to the ticket filled out by the officer states that the defendant violated 1225 of the VTL of the State of New York.

The Supporting Deposition states that the officer observed the above defendant "on a public highway avoiding an intersection/light."

The "crime" (making a right on red) is not a crime.

The court he is supposed to answer to is on Cooper St. in Hempstead, but doesn't Lawrence have its own village court where tickets are to be answered?

He definitely is going to fight this as his job depends on driving.

Do you think he can beat it himself with this information or should he hire an attorney?

TIA, all.
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Old 12-29-2009, 02:21 PM
 
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You aren't supposed to pull over for unmarked cars.
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Old 12-29-2009, 02:32 PM
 
13,510 posts, read 17,030,004 times
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Quote:
Originally Posted by Jdawg8181 View Post
You aren't supposed to pull over for unmarked cars.

Oh yeah? Try that on the LIE in NYC with blacked out Dodge Chargers, we'll see where it gets ya.

If I were the OP, I'd have "my friend" take a picture of the intersection where the supposed violation occurred, showing that there was no "no turn on red" sign.

As always, with all traffic violations, it's your word against the cops, and if they want to ********* they can. In terms of civil rights, this is one area where a biased witness has 100% power against you, but because no on goes to jail, no one fights it to high levels. The whole traffic violations situation is really absurd if you take a step back from it.
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Old 12-29-2009, 02:34 PM
 
12,766 posts, read 18,368,709 times
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Quote:
Originally Posted by dman72 View Post
Oh yeah? Try that on the LIE in NYC with blacked out Dodge Chargers, we'll see where it gets ya.

If I were the OP, I'd have "my friend" take a picture of the intersection where the supposed violation occurred, showing that there was no "no turn on red" sign.

As always, with all traffic violations, it's your word against the cops, and if they want to ********* they can. In terms of civil rights, this is one area where a biased witness has 100% power against you, but because no on goes to jail, no one fights it to high levels. The whole traffic violations situation is really absurd if you take a step back from it.
You are supposed to call 911 and find out if the cop is legit before you pull over for him/her. This is how people get killed & raped- don't you guys watch the news? People pull this prank all the time- pretend to be real cops, pull over an unsuspecting target and then commit a crime. Happens more than you think.
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Old 12-29-2009, 02:38 PM
 
13,510 posts, read 17,030,004 times
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Quote:
Originally Posted by Jdawg8181 View Post
You are supposed to call 911 and find out if the cop is legit before you pull over for him/her. This is how people get killed & raped- don't you guys watch the news? People pull this prank all the time- pretend to be real cops, pull over an unsuspecting target and then commit a crime. Happens more than you think.

Yeah, see what happens to you if you do that to a NYC highway cop.

What, you mean he'll be all understanding and PC? "Oh, da little lady wuz scared, I unda-stand"

More likely he'll yank you out of the car. Welcome to the real world.


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Old 12-29-2009, 05:19 PM
 
432 posts, read 1,593,699 times
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Just drive to the nearest gas station or location where there are people. I've done it twice, never had a problem with the cop after explaining it to him/her.
No ticket either.
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Old 12-29-2009, 05:25 PM
BCW
 
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Looking further into that code produces this:
Quote:
N.Y. VAT. LAW § 1225 : NY Code - Section 1225: Avoiding intersection or traffic-control device

No person shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic-control device.
According to that, it wasn't a matter of whether or not a right-turn-on-red was allowed/disallowed, it was a matter of the vehicle leaving the roadway to complete the maneuver. Maybe they edged too far right and were temporarily on part of a driveway/lot/curb/sidewalk, but at some point, some portion of the vehicle was not on the roadway proper.

It may be a matter of two points on their license, though I'm not sure at all what NYS's stance is on that, but its something worth checking on.
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Old 12-29-2009, 05:49 PM
 
9,341 posts, read 29,675,092 times
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Quote:
Originally Posted by I_Love_LI_but View Post
I know someone who got a ticket that is completely confusing.

He got the ticket from a cop in an unmarked car. The ticket was issued in North Lawrence ...

The court he is supposed to answer to is on Cooper St. in Hempstead, but doesn't Lawrence have its own village court where tickets are to be answered?

Yes, Lawrence is a village, but ...

There is no North Lawrence*: I'm guessing that the traffic infraction occurred in the part of the Hamlet of Inwood that has a "Lawrence, NY 11559" mailing address.

* If all else fails, your friend may be able to fight this ticket on the grounds that there is no North Lawrence on the official maps of Nassau County.


A map of the Village of Lawrence in the Town of Hempstead, Nassau County:
http://upload.wikimedia.org/wikipedia/en/a/ab/Lawrence-ny-map.gif (broken link)

The Village of Lawrence has a different border than does the "Lawrence, NY 11559" postal zone (i.e., a place can have a "Lawrence, NY 11559" address and not be in the Village of Lawrence and a place can be in the Village of Lawrence and have other than have other than a "Lawrence, NY 11559" mailing address): places that have a "Lawrence, NY 11559" mailing address that are not in the Village of Lawrence are in the Village of Cedarhurst and the Hamlet of Inwood; and, at the same time, there are places in the Village of Lawrence that have a "Cedarhurst, NY 11516" mailing address.


A map of the Hamlet of Inwood in the Town of Hempstead, Nassau County:


The Hamlet of Inwood has a different border than does the "Inwood, NY 11096" ZIP Code postal zone (i.e., a place in the Hamlet of Inwood can have other than an "Inwood, NY 11096" mailing address): places in the Hamlet of Inwood with other than an "Inwood, NY 11096" mailing address have a "Lawrence, NY 11559" mailing address.
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Old 12-29-2009, 07:13 PM
 
1,303 posts, read 1,662,970 times
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Quote:
Originally Posted by BCW View Post
Looking further into that code produces this:


According to that, it wasn't a matter of whether or not a right-turn-on-red was allowed/disallowed, it was a matter of the vehicle leaving the roadway to complete the maneuver. Maybe they edged too far right and were temporarily on part of a driveway/lot/curb/sidewalk, but at some point, some portion of the vehicle was not on the roadway proper.

It may be a matter of two points on their license, though I'm not sure at all what NYS's stance is on that, but its something worth checking on.
Sounds like your friend was on a two lane road and maneuvered to the right of a car stopped at the red light to make the right on red. Also, being followed by a cop for a number of blocks is not unusual as he/she was probably running your plates.
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Old 12-29-2009, 07:47 PM
 
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Was it really a right on red, or was it the usual "I'll slow down as I make this turn while the light is red" - people don't seem to grasp that to legally make a right on red, you must come to a full and complete stop, look, and there must be absolutely no traffic coming. It's not enough that you think you can "beat" traffic that is oncoming. If the p.o. saw him coasting thru a right on red, or deemed that he took too much of a chance making the turn with oncoming traffic, he could ticket him.

Bottom line is, when you've got a red light, you've got a red light. personally i would not make ROR in front of a cop.
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