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Summons for a Court Appearance tankny 09/25/05
    hello

    if there is anyone who could give me some advice on my situation i would greatly appreciated it. I just received a summons of reckless driving in the state of New york, and i wanted to plead not guilty and go to court on grounds that the summons i was issued the officer put Wy which is wyoming in the section that states where your license is from and i clearly have a new york state license which is NY is this a good fighting argument that i have.

    please help me out i would appreciate it

    Justin

      Clarification/Follow-up by tankny on 09/25/05 10:35 pm:
      Hey Bishop


      Ummm about the police video i could be almost 100% sure that the cops have no legal video of the incident because of how far back they were from me at the time of the incident. ummm i would say on a guess they were maybe 60 to 100 yards away from me and they had about 3 cars in front of them obscuring there vision i would assume. and for you to have video wouldnt they have to have there lights come on to activate the video camera. there lights didnt come on til after the traffic infraction. But another question is how do i go about getting the police report with the police officers report without pissing them off or being harassed by them. The section of new york im in i find that the cops hear are very racist and alot of nonchalant attitudes of they dont care what you came in the precint for. Another thing is i pretty much think the court of the summons is a city court. Also me fighting the W or N situation is fairly useless your saying? i will not have a case even though he clearly wrote it wrong. Do you think i should even fight or just plead guilty? And if you know how much would the tickets range from i know its different state to state but im searching all my options. Thanks Bishop_Chuck

      Clarification/Follow-up by tankny on 09/25/05 10:56 pm:
      Also i forgot to ask you if i do take it to court say and i go before the judge i do not have the police officers statement or evidence will i have a fighting chance going in there without if i asked the judge to see the officers write up and evidence. and also what if the officer does not even show up to the court room would i then be found not guilty . Thanks Bishop_Chuck

      Clarification/Follow-up by tankny on 09/26/05 5:32 pm:
      hey bishop_chuch first off i really appreciate your time to respond to my questions and all it gives me alot of knowledge and clarity. thanks.. ummm i was thinking of first trying to go in and see if i could get off by presenting the wy/ny mistake he wrote down on the summons. Furthermore the officer that gave me the summons actually told me to go to the court and fight it so i dont know if that was his little way of letting me know he's not gonna show up because like you said he busy with sleep or patrol. as for the report i just walk in the precinct and request a copy of what exactly??? my tickets or summons offenses or is there a particular term i use and ask them for so i dont sound like a idiot because then they could play dum as well if i dont act like i have knowledge. thanks again

      Justin

      Clarification/Follow-up by Bishop_Chuck on 09/26/05 6:19 pm:
      Depending on the rules of that department there would either be a Incident Report or a Incident Card.

      The Report is basicly a full page or two page report of an officers stop.
      But normally on a traffic ticket they merely do a incident card, it would be a summary of the police stop with notes of what the officer saw and why he stoped you and what he did when he stoped you.

      All of these are public record, ( that is how the news crews get all the dirt on people all the time)

      Now it may be possible that they don't do any other report other than the traffic ticket.

      On the average, ( now I was working in the Atlanta area when I actually worked on the street) but the city of Atlanta often almost none of the officers ever showed up.

      Now in our department we were required to be there, but even then we had about 15 percent of the officers not show up.

      In the city, most of the officers there had quoto of tickets they had to write, so they did not really care what happened to most of them, what they wanted was number of tickets.

      Clarification/Follow-up by tankny on 09/27/05 7:58 pm:
      Hey bishop_chuck

      just like i said i went down to the precinct and did as you said asked for the incident card/report. and they played dumb like they never knew what i was talking about. i asked the officer if i could obtain the write up that the officer who stopped me wrote. and his response was theres no such thing as a write up. then he back tracks and says ummm its called a complaint report then he circles back around and says its called a incident report. so basically he knows whats going on he just dont want to give the information up easy. with the time that i have no i really dont have time to hire a regular lawyer so im just going to try the prepaid legal lawyers and see if that helps me out im sure they can go in there and get alot more accomplished then i can.

      Justin

      Clarification/Follow-up by Bishop_Chuck on 09/27/05 8:35 pm:
      Well don't ask me my opinon of pre-paid legal for any real legal help. But they may give you some phone advice. And really you could hire an attorney the day of the court, he merely says your are not guilty, then requests a continuance to get the needed info.

      And normally the police have some department full of secretaries where you get all of the police reports from. No officers invovled but then departments differ

      Most cities have a few lawyers that do nothing but traffic ( or alot of it) they know every statue by heart ( in Atlatna, one of the attorneys actually helped to write many of them)

      They can request and request the officer prove so much that often the city merely drops the case.

      But Good Luck, Remember in city court, the judge knows the officers, and normally the deck is stacked in thier favor, but don't let them scare you, Remember you have rights even in traffic court

 
Summary of Answers Received Answered On Answered By Average Rating
1. There is little chance that a minor W to N will be looked on...
09/25/05 Bishop_ChuckExcellent or Above Average Answer
2. First unless it is a very minor issue, I would always appear...
09/26/05 Bishop_ChuckExcellent or Above Average Answer
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