How Can I Contest Running A Stop Sign Charge In New York?
When a matter is set for trial it usually means there was an unsuccessful negotiation at the pre-trial conference by the motorist. It could be due to the motorist’s record, their demeanor, or just the facts of the case itself. At trial there is an officer who will testify that they didn’t know the motorist before the ticket (no bias), they observed the vehicle approaching the stop sign or intersection and that the vehicle failed to come to a complete stop. It’s essentially the motorist’s testimony against a neutral law enforcement officer – wherein, the court may give them a great breadth of credibility versus the testimony of the accused. Your best bet is to hire a professional early in a case when looking to contest a stop sign ticket.
What Evidence Will Be Important In My Failure To Stop At A Stop Sign?
Photos from the roadway, stop sign, stop line, or crosswalk are vital for your defense. Stop signs are sometimes obscured by overgrown tree foliage – which can be an effective defense when demonstrated by photographs. Photographs, however, are no use and typically inadmissible without the motorist testifying, which in turn, exposes them to cross-examination by the prosecution. You have to ascertain whether it’s worth the risk to put a motorist on the stand to testify versus the potential severe negative impacts of same.
It is the burden of proof on the prosecution and procedure that they have to put on their direct case first, then establish each and every element of the offense. If they’re unsuccessful, then they’re vulnerable to a motion to dismiss at the close of their case and before the defendant elects to put on their case.
I Stopped At A Stop Sign And Was Given A Ticket. If I Stopped Farther Back, Is it A Viable Defense To Get The Ticket Dropped?
The law indicates that there are specific areas where you have to stop when coming to an intersection or stop sign. It doesn’t allow one to stop wherever they decide. Stopping somewhere other than prescribed under the circumstances is not an effective defense to failing to stop at a sign or line.
How Long Does A Traffic Offense Stay On My Driving Record For Insurance Purposes?
Most insurance companies have access to a four year window of an insured motorist’s driving history. It’s essentially a four year ongoing history of their driving abstract or record showing convictions only. This is why it’s important to successfully negotiate a reduction to a charge that will either not appear at all on your record, or will appear as a less noxious offense than initially charged with. Over the last few years, the DMV has begun making a motorists’ entire driving history of charges and convictions available to courts and law enforcement. That record can be very prejudicial to some drivers. Most insurance companies aren’t using them yet. But, all motorists should be aware that the DMV does record and sometimes may supply a motorist’s lifetime history of offenses.
For more information on Running A Stop Sign Charges In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 301-7500 today.
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