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Traffic court judges are not held to the same procedural rules as criminal/supreme/family court judges. There is no prosecutor, only the cop represents the state, and cops aren't expected to have the same level of understanding of legalese as attorneys are. The administrative judges (they aren't even true judges) have a lot of leeway in determining guilt. He will be found guilty if his only argument is the NY/NJ angle, of that I am 100% sure as I have seen it tried numerous times over the course of well over 1000 appearances in traffic court in NYC.
But nowadays, "blame the cop" seems to be society's answer to everything, so who knows...
Depends how the ticket is written, If it's the standard NYS equipment violation his argument is...
Chapter 775, Title III, Article 9, Section 375, Subdivision 12 begins with... 12. It shall be unlawful to operate on any public highway or street in this state any motor vehicle registered in New York state ... which then goes on to measure light transmission in windows.
Here is a copy of my NJ Registration at the time of the incident.
This ticket was written in error. I seek dismissal as my car was not registered in NYS.
OP, please let the forum know the details of the violation. (What citation #)
Nope I wasn't doing anything else. I think he was a rookie bc there was another officer with him telling him what to do. That and he did not ask me for my license only until he realized he did not have it once he got back into his patrol car. I'll fight it and let you guys know what happened.
Thanks everyone!
LOL! yea, my buddy is a cop, and If i recall it correctly, they can't, or wont, pull you over for just for tinted window cause its not moving violation. so fight it, chances are he will slip up in traffic court and you will be found not guility without having to say anything.
Depends how the ticket is written, If it's the standard NYS equipment violation his argument is...
Chapter 775, Title III, Article 9, Section 375, Subdivision 12 begins with... 12. It shall be unlawful to operate on any public highway or street in this state any motor vehicle registered in New York state ... which then goes on to measure light transmission in windows.
Here is a copy of my NJ Registration at the time of the incident.
This ticket was written in error. I seek dismissal as my car was not registered in NYS.
OP, please let the forum know the details of the violation. (What citation #)
Good luck. As long as everyone is honest you should prevail. I once got a Federal driving ticket, outside NYC but in NY. I was slightly worried but when I went to court a female prosecutor came over to me and said they don't enforce Federal laws and she dismissed it.
Blame the cop... the cop had no right to write that nonsense in the first place.
Anyway I think NYC traffic court could possibly be a no laws free for all as you speak but hope it is not.
You could always make them bring the cop into "court" or other strategies. I once had a ticket that I just threw away and finally had to go answer it about 5 years later. The cop came in and just told the judge he writes hundreds of tickets a day and didn't remember anything from 5 years ago and the "judge" dismissed it.
You needs some luck too but it is a masqueraded costume ball quite a bit.
I would still fight it every way possible. Its just a money grab.
You should refrain from offering advice for matters which you have no knowledge of.
For this sort of violation, the ticket itself serves as the accusatory instrument and you have no right to make them bring the cop to court.
That said, a NYC police officer has no business writing a tint summons from a foreign registered vehicle.
If you asked me how I knew the cop wasn't white, you'd be offended.
Typical and disturbing.
I know what you mean.
It's Mostly with females though, I never imagined a guy especially with his attitude. A very bitchy one.
And I know he scheduled the hearing a year in advance (probably the latest he could've scheduled it) with hopes I'd forget and not show up.
Thanks for all the input guys.
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