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I was issued a parking ticket in lieu of a speeding ticket plead not guilty and was issued the original speeding ticket 21 days

Schenectady, NY |

I was pulled over and the officer said I was going nearly 20 MPH over the speed limit.. He said he was doing me a favor and gave me a parking ticket and instructed me to mail it in guilty.. This was on Aug 4, 2012. I was going at most 55 in a 45 and didn’t argue with him.. Mailed in the ticket requesting a supporting deposition in hopes of having the whole thing dropped. This morning August 25 the officer shows up at my door step and hands me the SPEEDING ticket which says 62 in a 45 zone with a supporting deposition. I was shocked and never thought this could happen. Is there statute of limitations for issuing a speeding ticket in NYS? I have gotten speeding tickets in the past and they seem to be plead down to a parking or pavement or some other silly non-moving violation and paid the s

Attorney Answers 4

Posted

There is no statute of limitations and he can do this. It will just be tough for him to explain the 2 different tickets.

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

Michael J Palumbo

Michael J Palumbo

Posted

I disagree I think it will be easy for him to explain both tickets: 'judge, I initially cut him a severe brake, but when he wanted a supporting deposition and failed to do what was rational and normal, I timely issued him the ticket for the top charge.' Any judge is going to be 4 square on the cops side on this one.

Posted

He was doing you a favor and gave you a 0 point parking ticket which would have not caused an insurance increase and been a $100.00 fine. You are "Exhibit 'A'" as to why people should NEVER try to defend their own case and ALWAYS reach out to an attorney BEFORE sending a ticket into a court with a plea, be it a guilty or not guilty plea. Had you called my office, I would have told you, for free, to pay the ticket. Now, you have stupidly put yourself on this cop's radar and have to fight this ticket because if you are found guilty as charged your insurance is going through the roof. What the cop did was totally legal and Entering a plea and demanding a supporting deposition was about the worse thing you could have done.

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Asker

Posted

thanks for stating the obvious..

Michael J Palumbo

Michael J Palumbo

Posted

If it were obvious you would have plead guilty to the parking ticket.

Posted

Not only did you ruin it for yourself but for others as well. What the Police Officer gave you was a roadside reduction. He extended you extreme discretion by issuing you a parking ticket. In such a case you should have taken it and ran. This officer will surely think twice before doing it again. Next time ask a professional.

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Posted

There is a statute of limitations in NYS and it is one year.
You have 30 days to request a supporting deposition.
Now you are looking at a 4 point speeding ticket and a annoyed cop.

BTW if you hire a attorney you may not have to go down.
Instead of being angry at you, the cop can talk to you nice well behaved lawyer:)
The best of luck to you.

This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)

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