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Re: Any of you challenge a ticket or summons and win


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Posted by Billy NY on September 15, 2016 at 10:03:03 from (104.228.35.235):

In Reply to: Any of you challenge a ticket or summons and win posted by jocco on September 15, 2016 at 05:09:20:

Yes, numerous times in my life. Just like we are held to the letter of the law, they need to be too. I have found deficiencies in every one I contested that resulted in my favor.

I could elaborate more regarding a few that really were cut & dry, don't have time, its lunch break.

A friend whom I advised just took one to trial, and sure enough the young trooper did try and badger him prior to the court proceedings. He also made a slanderous/irrelevant statement during same. He also failed to appear once and the judge would not dispose of it because of that. I have done that successfully before. The deficiency here is signage, and he got a letter from the town that proves same. The judge postponed his decision to check the validity and or authenticity of the letter from the town. I believe it will be decided in my friends favor, he did all the research, requested notes from the plaintiff (discovery) etc. etc. The trooper tried to establish that he knew the posted speed limits from other sections of the road that he did not travel on, my friends rebuttal refuted that attempt. These guys are formidable, but not invincible.

I do everything I can to obey the laws, have a clean abstract on my CDL A for over 20 years now. All of these municipalities count on the fact that people do not dispute these tickets. If you deserve it, fine, then make good on it, if there are other circumstances, then by all means look into where you stand, its paid off for me many times.

One of the tickets was for parking in a handicap space on the street. Well they just put up the signs and I determined it violated NYS V&T law, and I got it thrown out. I would have only known that because I went and got the NYS V&T handbook and looked it up. Sure enough there was a drawing with dimensions, so I documented what was built, in comparison to that and submitted it to be disposed of, I was correct and they were in fact completely wrong, and I never saw the darned sign, so it was all honest, yet most would just pay. That is why I say its wise to consider your options if you think they are wrong.

Its best to just obey the laws, but eventually everyone will have some experience with same, so buyer beware LOL !


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