I am a New York city cab driver. I was dropping a passenger in queens one-way street where the passenger took little extra time to pay the fare and get out of the cab. While the passenger getting off police officer blew his siren so I got off the car to help the passenger to remove his luggage faster so I can move the car. while i remove the luggage, the officer came to me and took my license and wrote me a ticket for disorderly conduct (240-20-5). Do i have any defence
I couldnt move any faster as the passenger was getting off the car. There were two passenger and one is already out and the door was open besides the passenger was arguing over the fare being too much. I was so nervous at almost end of my 12 hour shift. Passengers fare fare dispute and police officers accusation. I couldnt move any faster besides car was just before the intersection (stop sign) nowhere to go plus there is anywhere to pulled over. I didnt want to put the passenger in a dangerous situation. I was trying to explain to the officer and his answer was "it wasn't his problem - the passengers safety or the passenger paying me the fare"
Criminal Defense Attorney
You are charged with obstructing traffic. That is a ridiculous summons. I would fight it.... what were you suppossed to do (unless you could have moved the car over more).
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
If you have no safe area or parking place to go, then you seem to have a defense. Retain a competent criminal defense lawyer to assist you.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
The problem is that a lawyer will cost you around $250 and you may be able to get the case dismissed, but if you do not have a lawyer you may have to go to court several times and demand a trial. That could cost about the same amount of money or more in lost wages and fines plus the surcharge. You should fight it and not let the officer get away with giving a ticket for this on principle alone. I have handled many of these for a very low fee and usually the case is dismissed with a $25 fine on an ACD at 346 Broadway or Rector Street Courts, but every case is different and no one can promise results.
John J. Carney Esq. 917 696 2363.