Unfortunately, my understanding of traffic court practice in Nassau County, New York (a large suburban county just outside New York City) is that the Court regularly grants continuances to the prosecution when the complaining officer does not show up. It’s sort of a screw the poor soul who wants to fight the ticket system, but that’s the way they do things.
I don’t know if there’s a possibility of a speedy trial challenge to the system. If there is, I’m sure that some ticked lawyer has tried it, but most of the time it’s not worth getting into with a traffic ticket that you can plead down to a minor violation.
And I thought this is was somewhat the same thing. The ticket is present (i.e. there is evidence of the crime) but the cop (the accuser/witness) isn’t there for cross-examination (i.e. confronting the witness). Whatever the reason, I’m in a big city area and if the cop doesn’t show, I’m a free man.
Thank you. I’m renowned worldwide as Joe Master of the Obvious.
Granted. It was stupid not to look at the ticket.
Let me try saying this very clearly, since you obviously have trouble with inference. I’m saying that your acting superior in regards to THespos. Your telling him to not speed when in fact you do the same thing.
You have serious ego problems. Bet it hides a lot of insecurity. Probably a mama’s boy. If your married, I’d be willing to bet that you married someone significantly less intelligent than you so you could keep that superior image of yourself. Yeah, ya might wanna get that looked at by a professional some day.
Hamlet, you can stop putting words in my mouth and making assumptions any time you like…
I never said I passed him. The cop said I passed him. He was mobile, moving east on the Long Island Expressway, just like I was. I was in the HOV lane doing about 65, which admittedly is speeding, but about the same pace as the rest of the traffic. Said cop came up behind me at a high rate of speed, cut over into the HOV lane, and pulled me over. HE claimed I passed him at 85 in the middle lane, which simply isn’t possible because I was traveling in the HOV lane all through Nassau.
Although the ticket made it to court, it isn’t evidence. It is merely the accusation of a crime. The officer needs to appear to give evidence of the offence. The problem isn’t one of a right to cross examine - it’s a problem of having anything to examine in the first place. In a trial, the state must put on evidence, and without the officer who wrote the ticket the state won’t have any evidence to provide. You might live in a jurisdiction where no officer means no problem, but that isn’t for the reason you think. The reason is as Hamlet explains - the prosecution dismissed the case rather than face a trial where the prosecution has no evidence.
Here’s a good site to help you out, THespos. It’s about an audit into Nassau county and describes the delays, and what needs to be done about it. It should give you a bit of fodder to help you rant about the ticket. It appears there are some serious delay problems with Nassau county. In addition, they discuss the possible suspension for missing the plea bargaining date. I’d look for more, but you aren’t paying me $200 an hour. It seems you may have a point somewhere in there. Good Luck.
Hamlet, thanks so much for that link. I really appreciate it.
Billdo, thanks for the background on Nassau’s traffic court.
Right now, I’m leaning toward going to the conference and attempting to use the Jedi Mind Trick on the prosecutor. I did pretty well with negotiating my ticket away the last time I had to do this (early '90s in Virginia - 45 in a 30 turned into a $25 parking fine), so maybe I’ll get off without points on my squeaky-clean license.
heh, I didn’t know they had jury trials for people charged with speeding.
My rant was specifically addressing people who attempt to fight speeding tickets. When are caught speeding, you pay the fine. If you attempt to fight the ticket and frustrating things happen to you, well, you can it coming IMHO.
These scenarios are far too common. Today’s law enforcement have in their midst a collection of ignorant, arrogant bullies…and yes they are completely, utterly and absolutely full of shit.
Traveling home from work on the NYS Thruway on a rain soaked highway I had an single car accident in which I totaled my car. I moved from the left lane to the middle lane to allow those in a hurry and felt my rear end loosing traction. Over compensating I fish-tailed and hit the center divider head on and then careened across the road and hit the guard rail…very fortunate. My first inclination was to take stock and ensure that I was okay. Within about 15 minutes a NY State Police Trooper was behind me. He saw the state of my car and immediately asked for ‘License & registration’. In the interim I phoned my wife and asked her to call roadside service to come get the car. My daughter, who worked approx 15 miles away would come and drive me home. The Trooper returned with a speeding ticket and a warning about dangerous driving. If I wasn’t in a bit of shock from the accident…I was now. Dangerous driving??? How would he ascertain this? I said as he walked away “i’m okay if you were wondering”. As i sat and waited for roadside service the Trooper also sat behind me. I thought 'well maybe he is waiting to make sure I get out of there okay"…maybe my comments about being okay struck a cord and he felt bad about the “all business approach” and the ticket. I soon found out that I must have been delirious and in more of a state than I thought. A tow truck soon showed up and upon the Troopers instructions began to position itself in front of my car. I got out to speak with the driver and found out that he was not from my roadside service…but was called by the Trooper. I said “where is the car going”??? About 10 miles south to the Bronx. By this time it was pouring rain again and I ran back to the Trooper to let him know that my guy from my roadside was on his way. Cracking his window slightly he said “Can’t have your vehicle here on the side of the road sir…can’t wait for your guy”. With that he rolled up his window and away he went. I ran back to my car to ask the tow truck driver about my fate. He said if you want to ride back to the yard with your vehicle you’re welcome to. In the 5 or 6 minutes it took to hook my car I stood there in the downpour thinking …‘how the fuck did this shit happen’. There wasn’t much that wasn’t saturated when i climbed into the tow truck. Long story short…had to phone my daughter and tell her to pick me up in the Bronx…15 miles from her job plus an additional 10 miles south to the Bronx.
Got home that night and had a couple drinks…had to take the next day off to go get my car…for insurance purposes. Yard were car was was locked, no one around. I called number from sign on business and spoke with someone who told me I had to go to another locale to pay for the tow charges and storage…$350 dollars later plus speeding ticket $85 and the nonsense ended…so yes the whole fucking system is full of shit and as corrupt as the day is long. If honesty and/or goodwill were to be injected …the whole fucking system would collapse
