Tuesday, October 15, 2013

Understanding the Dangers of Challenging the New York Roadside Reduction

The New York Roadside Reduction happens more than most people realize. The police (trooper, deputy, cop) may give you a lower level ticket, not write you up for all of your conduct, or may not give you a citation (violation) for exactly what they observed.

A speeding ticket of 86 in a 65 (six point ticket) at 21 mph over the limit may be written up as a 20 mph over (four point ticket). A speeding stop of a car may be written as a failure to obey a traffic signal. I was recently consulted by a person stopped for speeding that was not written but an unlicensed operator violation was.

You have to look at the original supporting deposition to see the potential exposure. Because they can RE-FILE the original observed violation (s) against YOU. Yes, they CAN!

I have seen people try to contest the reduction only to have one of two things happen:

The DA says no deal, plead to charge or have a trial on it OR
The DA says that the police will re-file the original speed level or the ticket (s) and now you have more charges or increased charges to deal with.

This is not to say that tickets (violations) can't or shouldn't be challenged, quite often they should be, only that they need to be evaluated by someone experienced in that area.

Larry Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law



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