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I drove on the wrong lane. A officer gave me a ticket but he wrote the wrong thing. Can I win at a trial?

Brooklyn, NY |

I drove at the wrong lane but on the ticket he wrong "seat belt violation". He said he did me a favor because if I was to drive at the wrong lane I would've gotten "Points" on my record and by writing seat belt violation I was able to not get any points. If I go to trial and the cops shows up and say I was driving at the wrong lane will I get points? and what if I bring up the fact that I had seatbelt on but I was driving at the wrong lane but he wrote the ticket wrong so therefore I should not pay a fine. I have a witness sitting next to me that can prove I was wearing seat belt.

Attorney Answers 5

Posted

The cop did you a favor and you will lose af trial even if you had a witness. Pay the ticket and go about your life

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Posted

You should pay the fine and walk away and be happy!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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1 comment

Terri Beth Kalker

Terri Beth Kalker

Posted

When motorists essentially maje a Police Officer regret showing discretion they ensure that he never will again. Pay the ticket and consider yourself lucky.

Posted

What will you do if the Judge allows the Officer to amend the summons to reflect what you actually did wrong?

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.

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Posted

That's an excellent defense!

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Posted

It's a really bad idea. There is a very small chance that you could get the ticket dismissed. It is much more likely that you will wind up with an amended ticket for what you actually did, a maximum fine for being a smart-aleck, and maximum points. Pay the money and walk away.

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