Q: My "passed red signal" violation is missing the registration expiration date on ticket, will it be dismissed?
There's quite a few things I'm confused about ( city of Lockport, NY) First, I will deny going thru red light, it was yellow. 2nd, I didn't get pulled over for almost a mile (at 30-33mph, and 2 more green traffic lights,that's a long time to wait to pull me over) 3rd, officer didn't ask for license,reg.or insurance. She asked me how fast I was going (shouldn't she know)? I called the court to find out the ticket amount,had to leave message, didn't receive call back, so I went down to the court, I was told you must go to court date to find out from judge how much ticket is, there is no mailing a payment in. And last, the box for "registration expiration" is BLANK (again, she didn't ask for this item either) so would it be dismissed on technicality? So I'm wondering because 6 yrs ago, I got a parking violation for accidentally parking in a handicapped spot and upon going downtown Buffalo, the clerk explained to me its dismissed because there too..the registration expiration was blank
A:
You have a lot of questions, all good ones.
1. Red light - 3 points. Fight it, but use an attorney who will be able to pull those issues you speak of -- no registration, irrelevant speeding question (unless you got a speeding summons), the delay in stopping you, etc. -- into a defense.
2. All of these NY towns have their own procedures for dealing with traffic violations. You can only marvel at the diversity of styles -- and then follow each one to the letter, to get the best result.
Good luck.
Barry E. Janay agrees with this answer
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A: The defects on the face of the ticket may warrant dismissal if the judge, in his or her discretion, believes that they didn't adequately put you the motorist on notice of the violation(s) in question or if the prosecutor will not be able to make his or her case by clear and convincing evidence as a result.
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