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OT Lawyers- any of you ever heard of this?

Posted on 12/15/15 at 8:22 am
Posted by NYNolaguy1
Member since May 2011
20920 posts
Posted on 12/15/15 at 8:22 am
So I recently got accused of speeding while driving through a rural part of New York and was issued a ticket. Ticket was issued by a NY State Trooper. I pleaded not guilty and after speaking with the clerk of court came to find out the local town doesn't have a town prosecutor or even a town attorney to prosecute my case. Instead the case will be prosecuted by the trooper who wrote the ticket, and by law he can't negotiate any plea deal, so it was either plead guilty or go to trial.

I have retained a lawyer so I don't need internet lawyer advice, but this system seems very strange to me. Have any of you guys ever heard of anything like this?
Posted by VetteGuy
Member since Feb 2008
28310 posts
Posted on 12/15/15 at 8:24 am to
quote:

the case will be prosecuted by the trooper who wrote the ticket


Good grief.


Just throw your wallet at him so he take what he wants.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20887 posts
Posted on 12/15/15 at 8:28 am to
Yeah, that does not sound constitutional. Weird.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42538 posts
Posted on 12/15/15 at 8:28 am to
Where ur due process be at
Posted by Motorboat
At the camp
Member since Oct 2007
22704 posts
Posted on 12/15/15 at 8:32 am to
Sounds like the unauthorized practice of law to me by the trooper
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 12/15/15 at 8:46 am to
quote:

so I don't need internet lawyer advice


I understand but I disregard.

First thing you're gonna want to do is hire a PI to get all the dirt you can on this guy. This whole scheme sounds fishy as hell and you bet your bottom dime that there's something going on here.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38768 posts
Posted on 12/15/15 at 8:48 am to
"And how many times more will the fine be now?"

Posted by 19
Flux Capacitor, Fluxing
Member since Nov 2007
33229 posts
Posted on 12/15/15 at 9:08 am to
Reason #398,677
To stay the frick
Out of NY.
Posted by Boagni Swamp
Right next door to No Face
Member since Oct 2015
912 posts
Posted on 12/15/15 at 9:45 am to
I got a permanent injunction against a State that used a similar system. I pointed out that a single official was the fact witness, the prosecutor, the judge, and the appellate court.

"It is unsurprising that this official agrees with himself when prosecuting these claims. That, however, is not due process."
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48329 posts
Posted on 12/15/15 at 10:35 am to
In Louisiana, we have "Mayor's Courts" where the mayor sits in judgment of minor offense with no judge or prosecutor present. They're basically revenue raising bullshite. The AG cracked down on them a few years back because they were only really used to rack up fines from traffic stops. Now, they can only "prosecute" under town ordinances.
Posted by Rockbrc
Attic
Member since Nov 2015
7943 posts
Posted on 12/15/15 at 11:12 am to
Similar situation in Ionia, MI for me about 45 years ago. I was afraid to fuss too much because my trunk was full of Stroh's beer and I was underage. I signed the ticket and drove 5 mph under the speed limit for the rest of the summer up there. I agree that it was probably a revenue producer for them.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99119 posts
Posted on 12/15/15 at 11:21 am to
quote:

Have any of you guys ever heard of anything like this?


nope
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