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Author Topic: A little help with the following please.  (Read 492 times)
ANY2007
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« on: April 05, 2009, 11:15:23 PM »

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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spielz
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« Reply #1 on: April 06, 2009, 12:51:45 PM »

I know nothing about law. I have a traffic issue to share.

My friend who lives in NY was pulled over without a license. HE gave the officer my name and address (possibly birth date too).

My friend never informed me of this and I received a notice that my license was about to be suspended. I called lawyers in the NY area
to get prices to defend this case for me. One honest lawyer told me to send them a affidavit have it notarized.

I did not know what or why I was doing this until this Website and others. Anyway my affidavit went something like i John Doe was in  California and at work on this date, this ss # is incorrect, show proof I displayed a license, I used my gas card at same time you allege I was in your state and so on.

I sent this to the court and the I was found not guilty. I never appeared.
What I think happen (And anyone help me if I am wrong) No one rebutted my affidavit ( Won by Default) and therefore it was the only facts in the case.

I wonder if this is why they want you to promise to appear, because they hardly ever respond to any communication. Now you promised and they have a person to act on.

I never had the actual ticket so I called the court and they sent me a copy. The Officer wrote NO D.L produced.
Also the signature did not match.

What is the Code number you violated?

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