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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
