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This is going to be pretty long. Apologies, in advance, and thanks for reading.
I was issued a ticket for failure to change my address on my registration on 14 Aug 2014. While I have checked the "not guilty" box on the ticket, I have not mailed it back yet.
a.) The ticket was issued in error. The issuing officer failed to explain that according to NYS V and T law subsection 401-3, a motorist has a 10 day grace period to change the address on the registration. While I have owned property in Lockport as of 26 Jun 2014 (which I told the issuing officer), I have also resided in Brooklyn as the moving process has not been a seamless, overnight transition. I currently have multiple residences in New York State. My driver's license reflects my Lockport address and my registration reflected my Brooklyn address. There is no law that prevents me from having a different address on my license than what is on my registration in the event of my having multiple residences. Regardless, my Brooklyn residence has been my primary residence up until 11 Aug 2014. The ticket was issued only five days after my Brooklyn residence ceased to be my primary residence. At the time of issuance, I was under the impression that the infraction was because my registration address and license address did not match. Upon looking into the law regarding such, I realized that was not the case and that I had not broken any law.
b.) I rectified the situation with 24 hours of the ticket issuance and changed the address on my registration on 15 Aug 2014. This still puts me well within the 10-day grace period as per 401-3.
*I should also point out here that the officer misspelled the name of the street I was pulled over on. While I do not think it is deemed a fatal error, there may be some way I could use it to my advantage in the unlikely event that the prosecutor really wants to play hard-ball about this, which I will get to in a moment.
I got the ticket yesterday. I thought that the citation was because I had a different address on my license than I had on my registration. The way the cop explained it was that I had to update my registration to reflect the address on my license--or perhaps that is how I understood his words at that moment in time. I was prepared to just pay the fine and move on with my life because, whatever, I derped, however pedantic the charge may be I figured I was still accountable for that. But then I went home and looked at the law that was cited on the ticket. It turns out that I was actually NOT in violation of that law. Hence, it seems to have been a simple misunderstanding on both ends.
So I went to the DMV today, got a registration with my updated address, and then went to the courthouse figuring they would be like "oh ok" and just dismiss it. I showed the receptionist the new registration and the ticket, and explained the moving situation. She said it was a non-dismissable violation, and I have to plead one way or the other and show up to court. I can't even just pay a fine and be done with this mess. (Though she suggested pleading not guilty.)
I'm 99% sure that I'll show up to the hearing, talk to the prosecutor, and he/she will be like "ok cool you fixed it within 24 hours it's whatever" and drop the whole thing, especially if I explain the misunderstanding about the 10-day grace period and the moving situation.
However, there's always a 1% chance I might run into a prosecutor who wants to be petty about it. I sincerely doubt it because then the plaintiff would have to come up with evidence that I did NOT have multiple residences at the time the ticket was issued, or that my Lockport residence had NOT become my primary residence within 10 days prior to my having gotten the ticket. That just seems like such pointless endeavor on their part, but I guess stranger things have happened in the municipal court system.
How should I go about this? I don't think I need a traffic lawyer for this. I assume I should indeed plead not guilty, and then when I get a court date, I should request whatever evidence and notations they have about this case.
Oh, speaking of the typo I mentioned above. A friend pointed out that since the ticket is a sworn affidavit by the officer that the events and alleged infractions described on there are as stated and true, to the best of his knowledge. I could point out that Saunder Settlement Road is not in the enforcement jurisdiction. It's a funny and interesting argument to think about, but I'm not sure how well that would actually hold up. I wouldn't even try to pull that wild card unless the plaintiff is, for whatever bizarre reason, out for my blood on this matter.
Go to the court date, ask to speak with the D.A. Explain the situation to them they will likely let you plea to a lesser charge or they may dismiss the whole thing altogether. But only the DA can arrange for this. I don't think the violation counts as a moving violation so I wouldn't worry about it.
"Oh, speaking of the typo I mentioned above. A friend pointed out that since the ticket is a sworn affidavit by the officer that the events and alleged infractions described on there are as stated and true, to the best of his knowledge. I could point out that Saunder Settlement Road is not in the enforcement jurisdiction. It's a funny and interesting argument to think about, but I'm not sure how well that would actually hold up. I wouldn't even try to pull that wild card unless the plaintiff is, for whatever bizarre reason, out for my blood on this matter. "
Saunder Settlement as opposed to Saunders Settlement will probably be ignored as your ace in the hole. If he had written Rt 31, it would have been just as valid. As well, given its length from Rt, 265 in Niagara Falls to Rt 93 in Lockport. If you got ticketed on the littl part in Lockport that is West Ave? I doubt it'll matter -- they will see it as the same road ( unless there is an intersection). A missing "s" isn't an excuse for an ace in the hole.
"However, there's always a 1% chance I might run into a prosecutor who wants to be petty about it. I sincerely doubt it because then the plaintiff would have to come up with evidence that I did NOT have multiple residences at the time the ticket was issued, or that my Lockport residence had NOT become my primary residence within 10 days prior to my having gotten the ticket. That just seems like such pointless endeavor on their part, but I guess stranger things have happened in the municipal court system."
Plaintiff? As in a person going against you? Perhaps an accident? You have more than a ticket worry.
If you are that worried, get an attorney.
"Oh, speaking of the typo I mentioned above. A friend pointed out that since the ticket is a sworn affidavit by the officer that the events and alleged infractions described on there are as stated and true, to the best of his knowledge. I could point out that Saunder Settlement Road is not in the enforcement jurisdiction. It's a funny and interesting argument to think about, but I'm not sure how well that would actually hold up. I wouldn't even try to pull that wild card unless the plaintiff is, for whatever bizarre reason, out for my blood on this matter. "
Saunder Settlement as opposed to Saunders Settlement will probably be ignored as your ace in the hole. If he had written Rt 31, it would have been just as valid. As well, given its length from Rt, 265 in Niagara Falls to Rt 93 in Lockport. If you got ticketed on the littl part in Lockport that is West Ave? I doubt it'll matter -- they will see it as the same road ( unless there is an intersection). A missing "s" isn't an excuse for an ace in the hole.
"However, there's always a 1% chance I might run into a prosecutor who wants to be petty about it. I sincerely doubt it because then the plaintiff would have to come up with evidence that I did NOT have multiple residences at the time the ticket was issued, or that my Lockport residence had NOT become my primary residence within 10 days prior to my having gotten the ticket. That just seems like such pointless endeavor on their part, but I guess stranger things have happened in the municipal court system."
Plaintiff? As in a person going against you? Perhaps an accident? You have more than a ticket worry.
If you are that worried, get an attorney.
Plaintiff, as in claimant. Maybe petitioner is a better word. There was no accident. The failure to update the address on my registration is the only citation on the ticket. You're write. "Plaintiff" is probably a bad word for this, as there is no injured party.
Go to the court date, ask to speak with the D.A. Explain the situation to them they will likely let you plea to a lesser charge or they may dismiss the whole thing altogether. But only the DA can arrange for this. I don't think the violation counts as a moving violation so I wouldn't worry about it.
It's not a moving violation.
The issue with taking a plea bargain is that I was not actually in violation of the cited law. Wouldn't they only offer a plea bargain if they have some sort of proof or evidence that I did not live in Brooklyn as well?
You would have to prove that your address was indeed valid until the 11th (as with a postal change of address perhaps or a final utility bill dated as such, etc.). It can't be more than a $75 fine, I'd just go to court and ask to speak with the DA and see what they have to say, you don't have to take a plea but my guess is that they will likely dismiss the charge altogether. When did you change (if at all) the address on your license. If that predates the ticket by more than 10 days you don't really have a leg to stand on.
You would have to prove that your address was indeed valid until the 11th (as with a postal change of address perhaps or a final utility bill dated as such, etc.). It can't be more than a $75 fine, I'd just go to court and ask to speak with the DA and see what they have to say, you don't have to take a plea but my guess is that they will likely dismiss the charge altogether. When did you change (if at all) the address on your license. If that predates the ticket by more than 10 days you don't really have a leg to stand on.
My license with my current address was issued on July 28th. I had it changed around then because I needed a local address on my ID to purchase firearms (I didn't want to use a Brooklyn address to purchase a firearm I was acquiring and keeping in Niagara County. Even if doing so is technically not illegal, it's still very un-sat. Especially since firearm laws are completely different within New York City than in the rest of the state.) Otherwise, I probably would have waited until later this month when I'll be done moving all my stuff.
My Brooklyn lease is valid until August 31. I could print out and bring a copy of it. My husband thinks I should not even bother because it's the court's job to prove my "guilt" rather than my job to prove my innocence. I figure I'll bring it and just show them if they ask for something.
I actually asked at the town court how much the fine would be if I wanted to just pay it and not deal with the court shenanigans. Apparently that's not an option here, which strikes me as really odd.
I mean... it's on par with, if not less serious than a parking ticket. So I'm just wondering why I have to show up to court about it rather than paying whatever the fine is so that I don't have to waste time on this absurdity.
And it is not NYC. Deals and bribes don't work. Find out what the officer was ( City of Lockport, Township, State Polices, etc, ) Around here, it isn't simply a NYC cop dealing withing the environs of the city - more specifically the borough. There are overlaps.
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