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Re: Moving Violation Tickets
Hopefully they will let you post $40 bond and give you a new date.
Thanks! that's what they did at the end

December 08, 2017, 04:07:14 PM
Re: Moving Violation Tickets
You definitely can't be convidiced in an NJ court for an infraction under NY law. How would that even work? You would have to have an NJ ticket written.
If they chased from NJ to NY they would give NJ summons. OP was pulled over a block from NY line. If he was over the line but infraction was observed by NJ officer and occurred in NJ, officer would issue NJ summons. No difference where the actual stop occurred.

March 28, 2019, 10:51:49 AM
Re: Moving Violation Tickets
I got pulled over in Montvale literally a block away from New York. Didn't think of it at the time but wondering what would have happened if I kept driving. Anyone know?

I am not a lawyer or a cop, but I am under the impression that:
- Out of Jurisdiction only applies if a Police officer from Jurisdiction A observed you committing a crime in Jurisdiction B. i.e. If a cop from Pearl River had driven into Montvale and saw you speeding in Montvale, he couldn't issue you a ticket.

- I believe that there are some elements of hot pursuit that allow cops from Jurisdiction A to pursue someone who committed a crime in their Jurisdiction to another one if they cross the border while being chased. Example - if NYPD is chasing a criminal from Riverdale into Yonkers, they don't stop (they might call Yonkers PD during the pursuit though).

- I would also imagine, if a cop saw you speeding in his jurisdiction and got your plate #, he could issue you a ticket by mail - doesn't really happen, but AFAIK perfectly legal. If you go to fight it, and your grounds for fighting it are that the ticket was written and issued in another jurisdiction, the judge can dismiss without prejudice, and then the cop can re-issue you a ticket right there in court. Since the courthouse is likely in his jurisdiction, your technicality is gone, and the cop will be less inclined to settle.

Along the lines of the last one, about 15 years ago, I got a ticket for speeding in White Plains, NY (officer said I was doing 38 in a 30). I decided to fight it. Never having gotten a ticket before, I misread the back of the ticket and thought that my plea response date was actually a court date. I showed up in the courthouse, only to be told I had to enter a plea. I went to the clerks window to submit my not guilty plea, and as I handed it in, she asked if I wanted the officer's deposition. I said yes and checked the box. Months went by. I was getting worried that I had missed the notice, would miss my court date and have issues with my license. I kept calling the courthouse, and they kept telling me that I would eventually get a date, and to keep trying. 18 months later, I got a court date, 3 months out, but no deposition. I called the courthouse about it, they told me to mention it to the judge.

I go to court on the court date. I wore a suit and tie - after all it is court - I was shocked at how many people were in shorts and t-shirts. I had a pre-trial meeting with the judge's clerk, and the officer. I told him I never received his deposition. They both looked at the ticket, and noticed that the box was checked. That's when he turns to me and says - that's okay, the judge will dismiss it - but without prejudice. Once he does, I will re-issue you the ticket. I assumed that he was using it as a chip to get me to pay a fine in lieu of points. Not knowing if he was correct or not, I very respectfully turned to him and said - 'excuse me officer, can you remind me what the statute of limitations is for a moving violation in NY?' He looked down at the date in my ticket, and then turned back to me and said - 'this is your lucky day'. Of course, he made me wait around another 30-45 minutes until the judge formally dismissed me - I think he was annoyed at having screwed up.

March 28, 2019, 11:10:17 AM
Re: Moving Violation Tickets
+1, though the strategy is generally to push it off so much, so that by the time one is found guilty, the points are ready to fall off almost as soon as they appear (they aren't there until one is found guilty).
With moving violations there's two issues regarding points. 1) How the state DMV treats it regarding potentially suspending or sanctioning your license based on the accrued points and 2) How your car insurance carrier treats the points. They are essentially two different issues.

Regarding 1. with the DMV, in New York (and probably most states) the DMV looks backwards to the the date the violation was issued. If within any 18 month period the driver accrued too many points, the DMV will suspend/sanction his license. Even if violation was only found guilty three years after the violation date (i.e. the date the driver was pulled over), if retroactively that means three years ago the driver accrued enough points (within the 18 month window the ticket was issued) to be suspended, the DMV will suspend the license now after it was found guilty. Even though there were no other violations in the last three years (in this example.)

Regarding 2. with the insurance carriers, most insurance carriers in NY use the date of conviction and not the date the violation was issued to determine how they penalize the insured. i.e. higher premiums, dropped coverage, etc.

So, at least in theory, delaying a guilty verdict for any amount of time in New York does not help the motorist.

Now, it seems a minority of insurance carriers still use the date the violation was issued and not the date it was found guilty. That was originally how all NY automobile insurance carriers handled it until about eight or nine years ago. (Which is why many people still think it helps to delay a guilty verdict, as that used to be true.) So if your insurance still treats it the old way (and AFAIK none of the major brand name carriers still do that), it indeed does help to delay a guilty verdict.

But it still doesn't help with the DMV points and potential suspensions, in any event. (Unless the ALJ who rules on the tickets guilt specifically waives the points for such an old ticket. A good lawyer can help in that regard.)

April 08, 2019, 07:53:24 PM