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So long story short, I received a ticket back in December, it was a dumb ticket for driving without headlights on while it drizzled.
Anyways, I was all set to go to court and fight the ticket this week and I get a letter saying that it has been moved to August for administrative reasons.
First it was scheduled for February, I changed it to March, then she changed it to April, and I changed it to June, and now she changed it again to August.
Seriously though, I only changed it because I couldn't attend court on the days they gave me (because of school). And now I'm taking summer classes July - August and I can't attend court on the day she changed it to. And now I can't change it unless I pay the $40 which I find extremely unfair. I will pay the $40 if necessary but I don't wanna pay it if she will change it again for a day that is not convenient to me. I asked DMV and they were no help, so maybe you guys are more experienced with this.
Will the officer be able to change the day again if I pay the $40 and change it?
I know I'm going to win the case so I don't wanna pay a lawyer $100 to be there for me.
So, you have changed and want to be able to change the court date to fit your schedule, but don't want to extend the same courtesy to the officer? Do you know that the officer requested any of the changes? There could be other reasons.
BTW, why is the ticket "dumb"? Were you driving in the rain with your wipers on and headlights off?
Last edited by bigjake54; 06-04-2014 at 07:50 AM..
So, you have changed and want to be able to change the court date to fit your schedule, but don't want to extend the same courtesy to the officer? Do you know that the officer requested any of the changes? There could be other reasons.
Yeah I guess, well then lets say DMV keeps changing my court date. I just don't find it fair because they choose the first date, and now they change it two more times. So they chose 3 days that suited their needs while I was only able to choose 2. And it's not like I choose any day I want, I have to choose from their available options remember.
But do you know if it's possible that it will change again?
So long story short, I received a ticket back in December, it was a dumb ticket for driving without headlights on while it drizzled.
Anyways, I was all set to go to court and fight the ticket this week and I get a letter saying that it has been moved to August for administrative reasons.
First it was scheduled for February, I changed it to March, then she changed it to April, and I changed it to June, and now she changed it again to August.
Seriously though, I only changed it because I couldn't attend court on the days they gave me (because of school). And now I'm taking summer classes July - August and I can't attend court on the day she changed it to. And now I can't change it unless I pay the $40 which I find extremely unfair. I will pay the $40 if necessary but I don't wanna pay it if she will change it again for a day that is not convenient to me. I asked DMV and they were no help, so maybe you guys are more experienced with this.
Will the officer be able to change the day again if I pay the $40 and change it? I know I'm going to win the case so I don't wanna pay a lawyer $100 to be there for me.
Lol a little bit off topic but yeah my windshield wipers were not on because it hardly rained, thats going to be my argument. And I have a weather report showing that in the 1 hour interval that I was stopped it only rained 0.05 inches (so even if it rained 0.05 inches in the 1 minute it takes to stop me, that wouldn't be enough for me to want to use my wipers, oh and I had my daylight lights and fog lights on. Just not my headlights) of rain so there was no need to use my windshield wipers.
I told the police officer that my wipers weren't on, she just told me to fight it in court I was just like "Well okay then."
It was bright and sunny too!! Lol it was one of those days where it rains a little and the sun is still out.
Lol a little bit off topic but yeah my windshield wipers were not on because it hardly rained, thats going to be my argument. And I have a weather report showing that in the 1 hour interval that I was stopped it only rained 0.05 inches (so even if it rained 0.05 inches in the 1 minute it takes to stop me, that wouldn't be enough for me to want to use my wipers, oh and I had my daylight lights and fog lights on. Just not my headlights) of rain so there was no need to use my windshield wipers.
I told the police officer that my wipers weren't on, she just told me to fight it in court I was just like "Well okay then."
It was bright and sunny too!! Lol it was one of those days where it rains a little and the sun is still out.
Ok. The rescheduling could have been that the officer was on vacation on the days that were rescheduled. Second, if you go into court with the plan that a weather report showed that when you were stopped, it only rained 0.05 inches, the arbitrator is going to ask you "is that it?" You will say yes, they will say guilty.
Took this from the NYS DMV website:
New York State law requires you to turn on your vehicle's headlights whenever the weather conditions would ordinarily require the use of windshield wipers to clear rain, snow, sleet, and other precipitation. "Daytime running lights" do not qualify as headlights.
If it rained for a minute and you needed to use your wipers, technically, you needed to turn on your headlights as well. The daytime running lights defense will not fly.
Ok. The rescheduling could have been that the officer was on vacation on the days that were rescheduled. Second, if you go into court with the plan that a weather report showed that when you were stopped, it only rained 0.05 inches, the arbitrator is going to ask you "is that it?" You will say yes, they will say guilty.
Took this from the NYS DMV website:
New York State law requires you to turn on your vehicle's headlights whenever the weather conditions would ordinarily require the use of windshield wipers to clear rain, snow, sleet, and other precipitation. "Daytime running lights" do not qualify as headlights.
If it rained for a minute and you needed to use your wipers, technically, you needed to turn on your headlights as well. The daytime running lights defense will not fly.
But I didn't have my wipers on... It would have been more of a nuisance rather than a benefit if I had them on. That's how little it drizzled. And you're right, is most likely that I'll lose but I rather fight not only because I don't want to pay the fines (it's also 0 points, not all that bad) but because I'm innocent and I want some justice.
We're still getting off topic though lol, vacation 2 months apart? I don't think so. I guess I'll just miss that day of class then and pray that it won't be a waste of time and I'll win.
here's some bigger picture advice: pick your battles.
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