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Started By
Message
OT Lawyers- any of you ever heard of this?
Posted on 12/15/15 at 8:22 am
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?
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?
11
Posted on 12/15/15 at 8:24 am to NYNolaguy1
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 on 12/15/15 at 8:26 am to VetteGuy
That's odd to say the least
Posted on 12/15/15 at 8:28 am to NYNolaguy1
Yeah, that does not sound constitutional. Weird.
Posted on 12/15/15 at 8:28 am to Gorilla Ball
That trooper could move to Louisiana and never miss a beat. 
Posted on 12/15/15 at 8:28 am to NYNolaguy1
Where ur due process be at
Posted on 12/15/15 at 8:31 am to Tigerlaff
quote:
that does not sound constitutional.
Is there a NY code reference on your cite that allows this practice?
This post was edited on 12/15/15 at 8:33 am
Posted on 12/15/15 at 8:31 am to TheOcean
OP is lucky his car wasn't "confiscated".
Then he could've appealed to trooper's BIL, who also happens to own the towing company and is the town's dentist.
Then he could've appealed to trooper's BIL, who also happens to own the towing company and is the town's dentist.
Posted on 12/15/15 at 8:32 am to NYNolaguy1
Sounds like the unauthorized practice of law to me by the trooper
Posted on 12/15/15 at 8:32 am to Tigerlaff
quote:
Yeah, that does not sound constitutional. Weird.
That was my first thought too. Everyone I have spoken to up here seems to think it's par for the course. My first question was how can a trooper be both prosecutor and witness?
Posted on 12/15/15 at 8:32 am to VetteGuy
Posted on 12/15/15 at 8:34 am to NYNolaguy1
Ethically, he cannot. Then there is this little issue:
quote:
Sounds like the unauthorized practice of law to me by the trooper
Posted on 12/15/15 at 8:35 am to TheOcean
Does the trooper have a law degree? This sounds like a jim Carey movie. How will he cross examine himself
Posted on 12/15/15 at 8:36 am to NYNolaguy1
quote:
My first question was how can a trooper be both prosecutor and witness?
Go watch an episode of Andy Griffith in Mayberrry.
He did it lots of times. First time was with Danny Thomas.
Posted on 12/15/15 at 8:39 am to Dark Helmet
Did this trooper also place you on the no-fly list and ask for your guns?
Posted on 12/15/15 at 8:42 am to Five0
quote:
Is there a NY code reference on your cite that allows this practice?
That's the thing. From what I have read if I was pulled over say by a sherriff's deputy or a town police officer, I could have negotiated with them. Only NYS troopers have this policy.
I don't have a cite for the troopers ability to do this, but I did run across a good NY times article.
LINK
Section 1180, 13 over
Posted on 12/15/15 at 8:43 am to NYNolaguy1
IDK man, but I'm seeing you get locked up if you push this.
Posted on 12/15/15 at 8:46 am to NYNolaguy1
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 on 12/15/15 at 8:48 am to NYNolaguy1
"And how many times more will the fine be now?"
Posted on 12/15/15 at 8:51 am to VetteGuy
quote:
IDK man, but I'm seeing you get locked up if you push this.
Meh, the penalty for losing in court is the exact same for me pleading guilty, so from that standpoint I would rather go down swinging. Plus I figure if I waste as much of the troopers time as possible maybe his superiors will notice. My other thought was to flood him with motions to dismiss. It's not like he would be able to adequately respond to all of them.
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