At the hearing the people are going to have to prove the officer acted lawfully and present evidence that establishes the justification for the arrest. The officer should be testifying and his lawyer should be cross examining him. Jury selection occurs after the trial has started and is one of the most important parts of the trial, it can make the difference between a conviction and an acquittal. The Judge is never supposed to take sides and he should conduct himself in such a way that the Jury...
Yes it is a crime to drive while impaired or intoxicated by prescription medication. If you have the right lawyer and it is your first time, with no aggravating circumstances there should be no jail.
As always feel free to call me for a more detailed consultation.
If you can get a hearing on the matter the chances of the officer being around and remembering the offense are slim to none so try and request a hearing. As far as any points are concerned, points run from the date the summons was issued so if you plead guilty or pay the fine, the points are way off your license as they only stay on for 18 months.
If you agreed to pay the money and he provided services then you do owe something. It should be offset by what it cost you because of his incomplete job. I do not think he is going to chase you for the money because his failure to notify you of the outcome would not look good to the judge or court staff. I would probably call him and request that you call it even under the circumstances.
I would fight the ticket as cell phone tickets now carry 3 points. Your evidence is good and your testimony should be given the same weight as the officers. It is the officer's obligation to prove the charge. Sounds like you have good evidence to support your version of events.
In addition to what Joe said, traffic tickets can be amended and they never expire. There is no statute of limitations on a traffic ticket, so if it gets dismissed not on the merits, the officer could re-charge if he really wanted to.
In New York an officer that has taken training in the Police Academy and is certified in speed recognition can write a ticket based upon his observations alone. They generally give a +/- tolerance. For example they will say that they are +/- 4 mph so if you are within the tolerance of where the ticket would be brought to a lesser point classification you should always as the Judge to convict of the slower speed if at all. Good Luck
You are required to disclose the arrest to your parole officer, and if you have not done so if they happen to check it will pop up. If they know about it you might consider asking them what they will do.
If you previously signed a sworn statement indicating that he did something that he didn't do, filing a false statement you should not admit to such as you are admitting to a crime. Lawyer up! You don't have to speak to the police without a lawyer. And yes your refusal to be cooperative would make it almost impossible to move forward with the case.