03 Jan How to Get a Reckless Driving Ticket Dismissed in New York? 5 Reasons to Use Ny-defense.com
How to Get a Reckless Driving Ticket Dismissed in New York? 5 Reasons to Use Ny-defense.com
As covered over at ny-defense.com, reckless driving tickets in New York are very serious. This is because not only does a conviction for reckless driving result in 5 points being assigned on one’s driving license as well as a substantial fine, reckless driving is also a misdemeanor offense that can lead to jail time as well as a permanent criminal record. While it is a bad idea to just give up and pay any traffic ticket in New York, a reckless driving ticket is particularly serious and should always be challenged in court given the consequences that come with a conviction. It is worth noting that reckless driving tickets in New York City are not heard at the Traffic Violations Bureau, which means that a favorable outcome can be negotiated for cases of reckless driving in the whole of New York, via a plea, to avoid a criminal record. However, the best possible outcome when it comes to reckless driving tickets is dismissal, and a good and experienced New York traffic crimes lawyer may be able to get you a dismissal. This article will look to highlight how you can get a reckless ticket dismissed in New York while also giving you reasons why you should use ny-defense.com if you are eying a dismissal for your reckless driving ticket.
Checking the time, date
One section that a good New York traffic crimes lawyer like ny-defense.com will pay attention to when examining your reckless driving ticket is the part that contains the time and date. This information is meant to satisfy the facial sufficiency requirements of the summons and is designed to establish where and when the violation occurred. If your summons fails to establish the time or date of the incident, then it would constitute sufficient grounds for a motion to dismiss, and a good and experienced lawyer like the top-rated ny-defense.com will be able to get your reckless driving ticket dismissed.
The place of occurrence
This section of a New York reckless driving ticket, as covered over at ny-defense.com, is used to describe the location of the alleged incident. Here, the location description may abbreviate a corer such as “C/O 34th and Broadway” or specify that the violation occurred in front of a particular address such as “F/O 1350 Broadway” as captured over at ny-defense.com. This is another area where an experienced lawyer will always take a close look at, particularly since the description of a place of occurrence that does not exist is grounds for dismissal upon a motion to the court, a strategy that the top-rated ny-defense.com will always explore to see if it is plausible.
Failure to indicate the proper statute one violated
Another section on a New York reckless driving ticket as articulated over at ny-defense.com is the section labeled “In Violation Of”. This section is where the police officer indicates the specific statute or law that was violated. As reported by ny-defense.com, in the majority of the cases, you will see 1212 handwritten in this section. However, it is important to note that failure to indicate the statute or the proper statute is a facial defect that should require dismissal by the judge, and this is another thing ny-defense.com keeps an eye on when looking to have reckless driving tickets dismissed. Additionally, if you get lucky and find that the police officer who wrote out your summons forgot to sign the summons, then on a proper motion to the court, a summons lacking the signature of the issuing police officer should be dismissed by the judge.
The back of the summons
According to ny-defense.com, the law also requires the police officer to provide a sworn statement of personally observed facts to accompany each summons. This means that even if the police officer has not made any errors or mistakes on the face of the summons like those articulated above, the summons may still be deemed defective if the officer fails to indicate that they personally observed you, the defendant, driving recklessly. Unfortunately, you don’t get to see the back of the summons until you appear in court. This is why having a good and experienced lawyer like ny-defense.com comes in handy as they will be able to identify if the police officer failed to properly describe the alleged incident, which may result in a dismissal upon motion.
Defending against speed cases
In addition to the above strategies to get a reckless driving ticket dismissed, many potential issues may arise when dealing with speed-related reckless driving cases which may also lead to dismissal as captured over at ny-defense.com. These include the fact that the prosecution has the burden of proving the speed limit in question and a good lawyer can prove that the prosecutor hasn’t met their burden of proving the speed limit leading to a dismissal, as well as the fact that devices used to measure your speed, such as Radar guns, were well-calibrated in the day in question. A Good and experienced lawyer, like ny-defense.com, will be able to make such a defense work for you if possible, challenging the calibration certificates in question, and getting your reckless driving ticket dismissed.
The above are just some of the ways that you can get your reckless driving ticket dismissed in New York. Remember, even if it is not possible to get your reckless driving ticket dismissed, using ny-defense.com will help you negotiate a more favorable deal, negotiating your ticket down to a lesser offense like a speeding ticket or any other basic traffic tickets, and ensuring that you don’t end up with a criminal record or going to jail.