ArtSmith72
New Member
I went this evening to the Town of Crawford court to answer a citation for a speeding ticket. Although I admittedly was speeding, I plead not guilty knowing that A) the officer will often plead the ticket down to a lesser offense, or B) if the ticketing officer is not present the ticket is dismissed. The ticketing officer being the states witness for the citation. After sitting for twenty minutes or so an officer (not the ticketing officer) calls my name, and takes me to a room off the court to discuss my case. Upon entering he tells me that my ticket was for speeding, but he is willing to plead it down to a broken speedometer. I ask him " why are you offering me this plea?", to which he say's "what do you mean?". I tell him that I am aware of the law and that the ticketing officer must be present at my "trial". He says that he is "here representing" the missing officer who couldnt be there. I also find out from him that there are two officers who are not present that he is "representing". He then tells me that I must take the plea in the room, and that if I say no- that he will not offer it again. I told him lets wait and talk about it in front of the judge. So, upon returning to my seat, I watch roughly 25 other people get up and go before the town justice, and he accepts their pleas either A) in full knowledge that the officers are not there, or B) not asking why the name of the ticketing officer is different than the officer "prosecuting" the case. When it is my turn, the officer tells the judge that I have "refused a plea bargain". The judge turns to me and asks me why I couldnt work out a plea with the officer. I tell him "your honor I respectfully request a dismissal of the ticket in question, because the ticketing officer is not present." He gives the officer standing there a strange look, and then asks if the officer that is not present called in to let the court know he would not be present. The officer tells him that "no he did not". The judge then says that its inexcusable and tells me that my ticket is dismissed.
Now- in lieu of the fact that I am happy that my own ticket was dismissed (as it should have been), I am EXTREMELY angry and upset that A) people in general do not know even their most basic civic rights, and B) that the judge/town justice obviously runs his court this way. Only when someone asks/or shows that they know the law of New York does he do what he is supposed to do. Before my case was called I watched as he collected between $1000 to $2000 in fines from people who did not know that their ticket should be dismissd.
Now- I am angry and upset enough about this situation that I want to bring it to the attention of someone who can stop this practice.
Do I write my State Attorney General's office? Do i write to the commision on Judicial Conduct?
Someone please offer some advice to my ethical nightmare. I cannot stand by and not say something.
The judge has a huge American flag on the wall behind his bench, and it ashames me that he knowingly tramples on the rights of people to make money for the Town.
Art Smith in New York.
Now- in lieu of the fact that I am happy that my own ticket was dismissed (as it should have been), I am EXTREMELY angry and upset that A) people in general do not know even their most basic civic rights, and B) that the judge/town justice obviously runs his court this way. Only when someone asks/or shows that they know the law of New York does he do what he is supposed to do. Before my case was called I watched as he collected between $1000 to $2000 in fines from people who did not know that their ticket should be dismissd.
Now- I am angry and upset enough about this situation that I want to bring it to the attention of someone who can stop this practice.
Do I write my State Attorney General's office? Do i write to the commision on Judicial Conduct?
Someone please offer some advice to my ethical nightmare. I cannot stand by and not say something.
The judge has a huge American flag on the wall behind his bench, and it ashames me that he knowingly tramples on the rights of people to make money for the Town.
Art Smith in New York.
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