Just because you're pulled over by a police officer and given a ticket or you find a ticket on your windshield does not mean that you are guilty of the violation charged in the ticket! The first thing you should remember when you're pulled over is to remain calm, do not say anything except for asking why you were pulled over and immediately give the police officer the information requested. After you give the officer what he or she requested, you can then try to explain your position in hopes of convincing the officer not to write up a ticket, or at least charge you with a lesser violation than the officer originally would have charged you with. If the officer does not give you the opportunity to explain your position then there are other ways to defend yourself.
One way to defend yourself is to look for a defective traffic ticket. Police officers make mistakes that can lead to a defective traffic ticket. A defective ticket will result in the dismissal of the charges against you. Here's what you should look for:
1. Is the month, day and year of your registration expiration date listed correctly
2. Is the plate number, state of registration, vehicle make, plate type and body listed correctly
3. Is the date and time the summons was issued along with "AM/PM" listed
4. Is the exact location of the vehicle when the violation occurred listed with either "front of/opposite" box checked (parking meter violations need only the meter number and address of the meter the location box does not have to be checked)
5. Is the nature of the violation indicated to adequately inform you of the violation and/or
6. Is your name, address and license number listed at the top of the ticket in those cases where you were confronted by the officer.
If any one of the above is not properly listed or even illegibly written on your ticket then you should (a) plead not guilty on the back of the ticket and (b) send the ticket, certified mail-return receipt, to the Traffic Violations Unit, listed on the back of the ticket, along with your letter and any proof (i.e.-a copy of your registration card indicating that your vehicle is black, not red as listed on the "defctive" ticket) supporting your position that you received a defective ticket. The Traffic Violations Unit must respond to your letter within 45 days. If your ticket is not dismissed then the Traffic Violations Unit will give you a hearing date for Traffic Court.
This article is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.
Any questions and/or comments with respect to this topic or any other topic, please call or write:
http://www.appellate-brief.com
Law Offices of Susan Chana Lask 244 Fifth Avenue, Suite 2369 New York, NY 10001 (212) 358-5762
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Article added to SearchWarp.com on Saturday, August 07, 2004 View other articles written by Susan Chana Lask Esq(275)
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