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ANY2007
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« on: April 05, 2009, 11:15:23 PM » |
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I recently got ticketed by a NY stste trooper for having no seatbelt and am trying to fight the ticket. I have been searching the Ny state traffic law for what it states on Verified Complaint. My plan was to request for a verified complaint.The following is from Ny state Traffic Law.
§ 208. Affirmation of complaints. Where a traffic summons has been served by a police officer, police cadet or bridge and tunnel officers employed by the triborough bridge and tunnel authority in cases of violations of any provision of this chapter, except title eleven, or of any ordinance, rule or regulation enacted pursuant thereto or pursuant to any other law relating to traffic, any chief, deputy chief, captain, lieutenant or acting lieutenant, or sergeant or acting sergeant of a police department, or any sheriff, undersheriff, chief deputy, deputy sergeant or deputy in charge of a road patrol maintained by any sheriff in any county to whom the service of the traffic summons is reported, is hereby authorized to administer to such police officer, police cadet or bridge and tunnel officer employed by the triborough bridge and tunnel authority all necessary oaths in connection with the execution of the complaint to be presented in court by such police officer, police cadet or bridge and tunnel officer employed by the triborough bridge and tunnel authority in the prosecution of such offense, but a complaint need not be verified provided it shall be affirmed under penalty of perjury.
Does the above mean that in Ny state it's not required to have a complaint verified as long as its it is affirmed under perjury?
Declaration under penalty of perjury A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.
I also found this
§ 224. Verification of complaint. Where a summons has been served by a member of the state police in lieu of arrest, in cases of violations of the vehicle and traffic law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to traffic, or in cases of violations of the navigation law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to navigation, any major, any captain or any lieutenant or sergeant of the state police assigned to the troop in which the service of the summons is reported, is hereby authorized to administer to such member all necessary oaths in connection with the execution of the complaint to be presented in court by such member in the prosecution of such offense.
Now does this mean that a ticket is automatically considered as a verified complaint and could it be presented as a Verified complaint in court?
If I am correct in the above what should my defense be? Any help would be appreciated. I know some may think i't just a seat belt ticket pay it but then where would we all end up if we don't stand up for the lil things?
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