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    VWVortex


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    Thread: Is there a statute of limitation on Traffic Violations in NY?

    1. 04-20-2006 07:27 PM #1
      I plead "not guilty" immediately to any ticket I receive and try for reductions.

      I received a court date today to answer a ticket that was issued 7 years ago for speeding. When I talk to the prosecuter it turns out I have 11 open tickets, not "unanswered," from 1999-2000. These are all from my heady days in high school/freshman year in college. The prosecuter offers me $500 in fines/ with no points. I gladly accept and continue to see the judge who then denies the prosecuters offer and tell me that I will receive trial dates for each ticket individually. Do I have any recourse?


    2. Member SchnellFowVay's Avatar
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      04-20-2006 07:45 PM #2
      Not really.

      You need a good attorney and some luck.

      I'm not real sure about NY law specifically, and I'm not a lawyer (yet...I'm a law student) so I can't in good faith give you legal advice...

      The statute of limitations really has nothing to do with this. As long as the city filed their case before the SOL ran, the case is valid no matter how long it takes to hammer out. I.e. The city probably "filed" their case against you the day they gave you the ticket. It's been an "ongoing" case since then.

      That said, I don't know for sure. Call a traffic atty.

      In NY you'll probably be looking at $150 - $200/hr for a decent traffic atty. If you get separate court dates, you're looking probably 25 - 30 hours of this guy's time, bare minimum.

      If you don't get an atty, you will lose your license for sure, probably suffer HUGE HUGE fines, and POSSIBLY spend time in jail (again, i"m not well versed in NY law and this type of thing varies GREATLY state-to-state).

      With an Atty, you'll probably have your fines cut and MAYBE keep your license on a conditional basis.

      The fact that the juge wants 11 court dates means he wants to **** with you. He wants this to cost you time/money/effort. In your situation, as i've said now 4 times, call an atty immediately. They are the only people that will be able to give you competent advice.

      But if they are unable to join all 11 tickets, you're looking at $3,000 in fees, minimum.

      Good Luck.

      I TCL.

    3. 04-21-2006 11:54 AM #3
      Quote, originally posted by VarLordahl »
      Not really.

      You need a good attorney and some luck.

      I'm not real sure about NY law specifically, and I'm not a lawyer (yet...I'm a law student) so I can't in good faith give you legal advice...

      The statute of limitations really has nothing to do with this. As long as the city filed their case before the SOL ran, the case is valid no matter how long it takes to hammer out. I.e. The city probably "filed" their case against you the day they gave you the ticket. It's been an "ongoing" case since then.

      That said, I don't know for sure. Call a traffic atty.

      In NY you'll probably be looking at $150 - $200/hr for a decent traffic atty. If you get separate court dates, you're looking probably 25 - 30 hours of this guy's time, bare minimum.

      If you don't get an atty, you will lose your license for sure, probably suffer HUGE HUGE fines, and POSSIBLY spend time in jail (again, i"m not well versed in NY law and this type of thing varies GREATLY state-to-state).

      With an Atty, you'll probably have your fines cut and MAYBE keep your license on a conditional basis.

      The fact that the juge wants 11 court dates means he wants to **** with you. He wants this to cost you time/money/effort. In your situation, as i've said now 4 times, call an atty immediately. They are the only people that will be able to give you competent advice.

      But if they are unable to join all 11 tickets, you're looking at $3,000 in fees, minimum.

      Good Luck.


      ^ All good advice, (and I'm admitted in NY so I can legally say that )

      IMO, $500 is an excellent deal. But the thing for you to concern yourself with is whether the state can prove the tickets from so long ago. If they can get the issuing officer to appear in court, realistically, you have no chance. The judge will almost certainly take the officer's word over yours. On the other hand, if he's retired or in Barbados or otherwise unavailable, you might want to take your chances at trial. (You're on your own as to how to determine where the officer currently is). An attorney MAY help if the officer does appear, since he'll have to read his notes/the ticket to testify, and may screw up and not testify as to every required element of the offense, at which point your lawyer can object and move to dismiss.

      The bigger issue is that there's almost certainly a warrant out for your failure to appear on the prior tickets. So you better not get pulled over until this issue gets resolved. Definitely speak to the prosecutor about vacating any warrants.

      {edit}
      A lawyer (or even you) can move to consolidate all the trial dates to obviate the need for 11 separate appearances, so don't let that part worry you.



      Modified by The Other White Meat at 11:59 AM 4-21-2006


    4. Member FLY-GTI1's Avatar
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      04-21-2006 12:12 PM #4
      11 tickets in 2 years Nice job.
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      04-21-2006 12:16 PM #5
      Can you get the prosecuter to offer you a stiffer penalty? Maybe $1k? You might be able to get the judge to sign off on that. That still seems like a good deal considering the hassle of dealing with 11 tickets and any lawyers you have to hire.

    6. Member Nateonator's Avatar
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      04-21-2006 12:29 PM #6
      I am a little confused... Is this the result of you not paying the tickets? Did you ever get the chance to appeal them when they were issued? Was your insurance affected? Or were these tickets "lost in the system" all this time?

      I can't figure out how it ever got to this point. If it is a matter of you not paying the fines, wouldn't your license have suspended after, say, the 4th ticket? How did you get to 11 and still have your license?


    7. 04-21-2006 02:47 PM #7
      I pleaded not guilty to all the tickets. I wasn't a no show, it just took seven years for Nassau County to give my a court date. My license is in fact clean no points or accidents. I can pay fines for all 11 tickets totalling $1290, but that will leave me with 6 points. Most of the "pointed" tickets are not an issue because they are too old. The prosecuter recognized that I have not gotten a ticket in 5 years so she was going to help me out, but the judge thought otherwise.

    8. Member SchnellFowVay's Avatar
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      04-21-2006 02:57 PM #8
      Quote, originally posted by divisions »
      I pleaded not guilty to all the tickets. I wasn't a no show, it just took seven years for Nassau County to give my a court date. My license is in fact clean no points or accidents. I can pay fines for all 11 tickets totalling $1290, but that will leave me with 6 points. Most of the "pointed" tickets are not an issue because they are too old. The prosecuter recognized that I have not gotten a ticket in 5 years so she was going to help me out, but the judge thought otherwise.

      yeah, this whole situation seems screwy.

      Just call a lawyer.

      I TCL.

    9. Member jeff1234's Avatar
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      04-21-2006 03:07 PM #9
      Quote, originally posted by divisions »
      I pleaded not guilty to all the tickets. I wasn't a no show, it just took seven years for Nassau County to give my a court date. My license is in fact clean no points or accidents. I can pay fines for all 11 tickets totalling $1290, but that will leave me with 6 points. Most of the "pointed" tickets are not an issue because they are too old. The prosecuter recognized that I have not gotten a ticket in 5 years so she was going to help me out, but the judge thought otherwise.

      Judges need to eat too.

      I doubt you can argue statute of limitations. But I bet you can get away with the right to due process. I remember reading an article in the Toronto Star saying that thousands of tickets in Toronto had to be dismissed because of the backlog. In those cases, the court agreed that waiting years for a trial violated the right to due process.

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    10. 04-21-2006 03:22 PM #10
      There is no "right to a speedy trial" in traffic cases in NY. But if you already pled to them and they just fell through the cracks until now, the best bet is the prosecutor not being able to prove the charges.

      Find a local traffic lawyer and see how much it would cost for him to speak to the judge. It will definitely be less than $1300 and 6 points


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      04-21-2006 03:28 PM #11
      Kramer- "No, no, no! It's STATUE!"

      Jerry- "Okay, it's a scuplture of limitations."


      Modified by kaizenro at 4:44 PM 4-21-2006


    12. 04-21-2006 08:11 PM #12
      Quote, originally posted by kaizenro »
      Kramer- "No, no, no! It's STATUE!"

      Jerry- "Okay, it's a scuplture of limitations."


      Modified by kaizenro at 4:44 PM 4-21-2006

      HELLLOOOOO kaizenro, you beat me to it.


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      04-21-2006 08:26 PM #13
      Quote, originally posted by still got it »

      HELLLOOOOO kaizenro, you beat me to it.

      Heh-LOWWW!


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