Q: NYC Ticket 1225C-(2)(A) ... Should I postpone court date with hopes officer won't show up?
During the summer of 2020, I was pulled over in Harlem and issued a summons for 1225-C (2) (A). TVB
postponed the court date 3 times and is set for 7/7/2023. The officer has since been reassigned to a precinct in Queens. Should I exercise my 2 postponements in the hopes the officer will not show? and if the officer shows up, would it be easier to poke holes in their recollection of facts 4-5 years later? I was not talking on a cell phone; I was talking to passenger sitting next to me.
A: If the phone was in your hand, there is a presumption you were using it. You would have to convince the judge/hearing officer that you weren't using the phone.
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