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Speeding/ Unlicensed Operator (Traffic Law)

Wed, 07 Oct 2009 10:11:00 GMT

What is the name of your state (only U.S. law)? New York
I was stopped for speeding in Seneca County (72 in a 55), I was unaware at the time that my license was suspended due to an unpaid traffic ticket.
After the officer stopped me he gave me a sobriety test (which I passed), as I was about to reenter my vehicle the officer said that it was kind of close to the road, I asked him if he wanted me to move it over more and he said yes.
He also did not give me the opportunity to arrange to have my car picked up, he called a tow truck that ended up costing way more than the officer said it would, and after my car was towed I found that it was leaking power steering fluid.
I have had friends in Monroe county that have gotten unlicensed operator charges dismissed simply by resolving the suspensions and then showing proof of this to the court.
I am concerned because in my case the judge seems very strict, the officer took me to see him right after he gave me my tickets and the judge had me detained, bail set at $500. I was then taken to jail, at no point was I read my rights. Luckily I was bailed out.
My question is are any of these things grounds for dismissal? The officer letting me drive my car (even thought it was a short distance) after he had proven my license was suspended. And me not being read my rights after they detained me? Or does anyone have any suggestions here?

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  • Wed, 07 Oct 2009 11:21:00 GMT(1)
  • Quote:

    Originally Posted by ilikethings

    My question is are any of these things grounds for dismissal?

    No.

    Quote:

    The officer letting me drive my car (even thought it was a short distance) after he had proven my license was suspended.

    The officer instructed you to move your 'road hazard' to prevent someone from hitting it. Not an issue.
    And me not being read my rights after they detained me?[/qutoe]
    Too much television. Miranda rights are only required when being interrogated while under arrest. Your arrest clearly didn't require an 'investigation'.

    Quote:

    Or does anyone have any suggestions here?

    Yep. Learn that YOU are responsible for your actions and conduct... and to NOT break the laws.
    If you had learned those simple rules, none of the above would have happened.
  • Wed, 07 Oct 2009 14:42:00 GMT(2)
  • Doesn't much matter you didn't know the license was suspended. You knew you had gotten the ticket, you didn't pay it, you can expect a suspension. Any warning is purely a courtesy.
  • Wed, 07 Oct 2009 13:28:00 GMT(3)
  • Quote:

    I was unaware at the time that my license was suspended due to an unpaid traffic ticket.

    Copy and paste the URL below into your browser.
    http://216.77.188.54/coDataImages/p/Groups/357/357 94/folders/27365 /2183619BS-meter2.gif
  • Wed, 07 Oct 2009 10:37:00 GMT(4)
  • The officer did NOTHING that would be grounds for dismissal. Your grasping at a non-existent straw on this one.
  • Leave a Comment Now.

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