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Pleading My Case on a Recalled Vehicle

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by msbancroft, May 19, 2016.

  1. msbancroft

    msbancroft Law Topic Starter New Member

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    I have a perfect driving record and have been driving for 47 years in Nassau County. I have a 2015 vehicle. In November my foot got caught on the console by the brake (reason for the recall) and I stopped past a stop sign that around a curb. An officer stopped me at the next traffic light and gave me a ticket for "disobeying a stop sign".Coincidently I had a free inspection at the dealer the day after and was told about the recall and he repaired it.The recall was discovered in August and I wasn't notified at that time. It's six months since the ticket and I had my conference at the court and I refused the fine although there would be no points. The negotiator claimed the judge may not accept this as a could reason however I see that it was no neglect of my own and my diligence in servicing my car remedied the situation sooner then not. Is there any other codes or factors I can site to make my case stronger?

    I have a perfect driving record and have been driving for 47 years in Nassau County. I have a 2015 vehicle. In November my foot got caught on the center console trim panel affecting the braking (reason for the recall) and I stopped "past "a stop sign that was around a curve. An officer stopped me at the next traffic light and gave me a ticket for "disobeying a stop sign". Coincidently I had a free inspection at the dealer the day after and was told about the recall and he repaired it. It's six months since the ticket and I had my conference at the court and I refused the fine although there would be no points. The negotiator claimed the judge may not accept this as a good reason however I see that it was no neglect of my own and my diligence in servicing my car remedied the situation sooner then not. Is there any other codes or factors I can site to make my case stronger?
     
  2. Highwayman

    Highwayman Well-Known Member

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    Why are you posting the same thing twice???

    Since when is the console on the brake pedal side? That makes no sense.
     
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  3. Highwayman

    Highwayman Well-Known Member

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    You've owned the car for over a year (I'm assuming) and never had a problem depressing the brake pedal before, huh?

    Now suddenly you couldn't stop for a stop sign? I think you should have taken the plea deal with no points. Count on getting the points now along with a substantial fine.

    By the way, your "perfect" driving record will mean nothing when you go to trial - it's irrelevant.
     
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  4. msbancroft

    msbancroft Law Topic Starter New Member

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    There was a center console "trim pane"l that caught my shoe (high heel) and delayed my transition to the brake pedal.
     
  5. msbancroft

    msbancroft Law Topic Starter New Member

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    Depressing the brake wasn't the problem. This was the first time my shoe got caught trying to get to it. Concurrently because the stop sign was around a bend I attempted a quicker slide to the brake thus catching my shoe. "I" WAS ACCUSED OF NOT STOPPING WHEN IN FACT IT WAS THE CAR.
    Besides I didn't ask for your kind of feedback.
     
    Last edited: May 19, 2016
  6. msbancroft

    msbancroft Law Topic Starter New Member

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  7. adjusterjack

    adjusterjack Super Moderator

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    If you are willing to plead not guilty and take the risk of a trial, I suggest you bring the recall papers, the repair document, photos of the console panel and you might even try to reproduce how your show got caught and photograph that, too.

    Just keep in mind that the stop sign statute says:

    1172. Stop signs and yield signs. (a) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the provisions of section eleven hundred forty-two.

    (1142 just says yield to oncoming traffic.)

    Note that there are no exceptions (other than being directed by a police officer) so it's anybody's guess whether the judge will create one for you.
     
  8. msbancroft

    msbancroft Law Topic Starter New Member

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    This was a merging lane and fortunately there was no traffic except for the cop in the far opposing lane about an eighth of a mile away who saw me stop past the sign.
     
  9. army judge

    army judge Super Moderator

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    Why do you think making such an argument at trial would be helpful?

    Allow me to help.

    It won't be useful to your defense, if its believed, because it can be shown you had more regard for your appearance and fashion than you did for the safe operation of your motor vehicle, and members of the public who share the road with you.

    The Most Dangerous Driving Footwear Is…

    It is not not illegal to drive barefoot in NY, Virginia DMV (as well as others) encourages drivers to wear the RIGHT shoes at all times while driving. Wearing high heel shoes that get wedged anywhere among the drivers cockpit, can cause the driver to be cited for negligence, or reckless disregard, if certain events transpire.

    It's also not a good idea to wear high heels, sandals or flip-flops while driving. These shoes can fall off and get caught on or wedged beneath the pedals.

    Driver safety experts suggest you keep a pair of flat-soled driving shoes in your vehicle while driving. It also helps to keep a pair of dry shoes in your car during the winter when the ice and melting snow on your shoes can cause your feet to slip on the pedals.

    In short, SAFETY and COMFORT come first.
     
  10. army judge

    army judge Super Moderator

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    WOW, did you say that?



    You've told the truth, which illustrates your guilt.

    THE COP ... WHO SAW ME STOP PAST THE SIGN.

    That, madam, is a proper and precise recitation of VIOLATING the law by failing to stop before passing the traffic control device, to wit, an octagonal, marked, red stop sign.


    When a stop sign is present at an intersection, the only safe and legal way of traveling through the intersection is stopping and monitoring traffic on ALL sides before proceeding SAFELY, AVOIDING any oncoming traffic obscured by parked cars, structures, trees and the like.

    When motorists fail to stop and look both ways, they could be hit by another vehicle, or hit someone themselves.

    Those motorists who do so, subject themselves to receiving a traffic citation that must be paid, or answered before a traffic court in the jurisdiction where the citation was received.
     
  11. msbancroft

    msbancroft Law Topic Starter New Member

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    If my shoes were the issue I would have gone through many stop signs in my 46 years of driving. My shoes weren't recalled.
     
  12. msbancroft

    msbancroft Law Topic Starter New Member

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  13. msbancroft

    msbancroft Law Topic Starter New Member

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    Unfortunately the cop's head wasn't in my passenger's seat but I will say he witnessed why my car was recalled.
     
  14. army judge

    army judge Super Moderator

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    Nothing in the traffic law allows you to NOT stop as all are required to do at a stop sign because you were driving a vehicle that was either unsafe, or had equipment defects that derived from the manufacturing process.

    Malum In Se vs Malum Prohibitum Crimes

    http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1686&context=law_lawreview

    Running a stop sign, as in failing to properly stop, is a "malum in se" offense. Simply put, failing to properly stop is wrong because our lawmakers have declared it to be so.

    There are few, more like none, defenses to these crimes or offenses.
    As far as shoes, you alluded to them, apparently as an excuse for failing to stop in time.

    When Morris Blackman, aka Spike Lee teamed up with MJ for a Nike commercial, it want the shoes then, either.





    It's never the shoes.
    It's nt the bad brakes, although that can garner you a defective equipment citation.
    Sneezing wont work, the devil made me do it never works, the baby crying can't set you free, arguing in the front seat ain't gonna make it go away, neither is I didn't see it because of the tress, nothing works EXCEPT a LEO while directing traffic waves you through without stopping.

    So, good luck, but there's nothing that you can say to keep the judge from saying, "Guilty, now pay the clerk!"
    Goodness, I do love saying that.

    Another favorite is, "Counselor, move on."
    This one is fun, too: "Bailiff, take Mr. Smith into custody. Put him in the bullpen for now. I'll attend to him after we've cleared our docket."

    My all time favorite remains, "Okay counselors, step back."
     
  15. msbancroft

    msbancroft Law Topic Starter New Member

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    My favorite is punish the patent not the child. But it gets more complicated when you give the child such tools that break the law.The parent is still at fault and the child is not punishable unless the law is corrupt.

     
  16. army judge

    army judge Super Moderator

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    Obey their laws, avoid receiving a citation.

    If you do receive a citation ask if you're traffic school eligible.

    Ask if the judge allows deferred adjudication pleas.
    (Plead guilty, pay money, do 60-90 days unsupervised probation, stay citation free, and the charge gets dismissed.)
     
  17. msbancroft

    msbancroft Law Topic Starter New Member

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    I have the defensive driving course under my belt and my abstract is pure.
     
  18. army judge

    army judge Super Moderator

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    My abstract is purer than your abstract.
    My abstract is older than yours, but you'd never know by looking at him.
    My criminal record is spotless, too.

    How about your FICO?
    I absolutely love my FICO.

    I was my high school class valedictorian.
    I even made law review, and "order if the coif" in law school, plus graduated "summa cum laude".

    I graduated undergrad "magna cum laude", and "summa cum laude" for my MBA.

    Wow, we're really something, aren't we? LOL
     
  19. msbancroft

    msbancroft Law Topic Starter New Member

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  20. msbancroft

    msbancroft Law Topic Starter New Member

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    I really hope my judge is more mature.
     

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