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View Full Version : What can trooper say in traffic court? NYS


TCStyle
2008-08-09, 23:25
Long story short...

I got pulled over a few nights ago for speeding and the officer found weed and alcohol in my car. I'm under 21 and had also been drinking a little (blew in the machine and I probably blew under .05 but he didn't tell me). He threw the weed in the woods, took my half empty 18 rack, and gave back my bottle of 99 Dom Perignon! All I received was a speeding ticket. So the charges I got out of where; DWAI, Unlawful Possession of Marijuana, Unlawful possession of Alcohol by a minor.

Now I'm going to fight the speeding ticket in court with my lawyer (dads friend has a firm and does all my small stuff for free). I'm wondering if the trooper can bring up this stuff in court?

Edit: I know I cannot be charged for any of it now. I'm not worried about that. I just don't want any of that bought up in court.

Nagasaki911
2008-08-10, 08:23
if you have a hookup with a lawyer that is gunna help you out for free i suggest you be as honest as possible so you can cash in as much as possible on the advice.

TCStyle
2008-08-10, 14:12
if you have a hookup with a lawyer that is gunna help you out for free i suggest you be as honest as possible so you can cash in as much as possible on the advice.

I appreciate the advice but in all honesty I'm just looking for an answer to my question. I'm not sure police even have discretion when it comes to minors who are drinking and smoking weed while driving (Zero Tolerance laws?). If they don't then I know he can't bring any of it up in court, and even if he does I'm still not convinced he can bring up crimes that I wasn't charged for.

I'm probably coming off as a dick head, seeing as how the cop let me off with so much, but I'm just trying to capitalize on the situation as much as possible. I could ask my lawyer but I'm afraid she's going to talk about it with my friends dad and he has a lot of respect for me...

Although if the cop let me drive away after all of that I feel like he doesn't go to court on his days off...

ledzeppelin12344
2008-08-10, 17:26
if the cop does decide to bring that up, he can't prove it, because he threw out the evidence. you can't be tried for something that you weren't cited for.

PS- you are really lucky

Jaguarstrike
2008-08-11, 17:09
So the cop was nice enough to not put you through something that could land you in jail and you're gonna drag his ass into court?

The speeding ticket would probably be way cheaper than the lawyer anyway man.

And letting you keep the bottle was a crime on his part.

TCStyle
2008-08-11, 17:51
So the cop was nice enough to not put you through something that could land you in jail and you're gonna drag his ass into court?

The speeding ticket would probably be way cheaper than the lawyer anyway man.

And letting you keep the bottle was a crime on his part.

Like I said in my original post the lawyer works for a friend of my family so I'm not being charged. I've been to traffic court three separate times to fight separate infractions and not once has the citing officer shown up. Regardless it was his decision to let me go so I don't feel guilty about anything. He even said that he didn't care if I went to court to fight it when he gave it to me.

Letting me keep my Champagne was illegal on his part? What about not citing me for the weed? Does he have discretion?

My only real question is if any of these infractions, which I was not charged for, could be addressed in traffic court.

Knight of blacknes
2008-08-12, 20:09
Let me see:

Letting you keep your Champagne = A crime
Throwing out the weed = A crime
Throwing out the booze= An indiscretion
Not charging you for drunken driving= Failure to report a crime
Not charging you for possession = Failure to report a crime, 2 accounts.

That guy went way of the book to save your ass. The noble thing to do I'd say is to pay the fine and forget about this. Fact is, there is no evidence that this happened either. So now neither you nor the trooper can use it in court. It'll just be your word against his about the speeding and fact is, you were speeding. So no, you wouldn't win.

krs-93
2008-08-19, 19:44
just pay the fine. one thing i cant stand is liars and your going to fight the speeding ticket even though you were speeding? get fucked asshole and not in the good way either

TCStyle
2008-08-20, 00:47
The speeding ticket got knocked down to a parking violation. The cop didn't show up or sign a deposition so the traffic prosecutor offered me that for a guilty plea. I thought it would get postponed (ex parte?) but I guess I was wrong.

And to the douche bag above me:
It's my fucking right to argue the speeding ticket its called plea bargaining you jackass. I'm not going to plead guilty and be stuck paying a $180 fine when I could easily get it dropped to a lower offense. Besides the police have discretion and the fact that they chose not to arrest me just speaks to the benevolence of NYS troopers. Furthermore, it didn't inconvenience the trooper so get off my nuts.

krs-93
2008-08-20, 02:01
a plea bargain and fighting a change are two very different things faggot

citizenuzi
2008-08-20, 17:26
Paying the lousy ticket would have been the least you could do. I'm really hoping that the next time you get caught you catch all the charges and learn how lucky you were to get off.

TCStyle
2008-08-21, 01:27
Just because it didn't go to trial doesn't mean I didn't fight it you degenerate.

citizenuzi
2008-08-21, 18:26
I understood that you fought it, dumbass. I've been dealing with the court system for a long time now. However, you ARE an ungrateful little bastard.

Sentinel
2008-08-22, 06:41
This is some bullshit. Most people would gladly take the speeding ticket, you spoiled twat.

Punk_Rocker_22
2008-08-26, 02:17
this is some bullshit. Most people would gladly take the speeding ticket, you spoiled twat.

12345

phmeworp
2008-08-26, 03:09
To be direct to your original question: Nothing!

If the attorney you have is even half-way learned in criminal law, and if he prepares you properly for whatever trial/hearing there will be, if the prosecutor attempts to bring up any incidental infractions you may have committed, he will object to the question citing "relevance" and the objection will be sustained by the court, providing you have not been charged in connection with any such incidental activity.

Hope that answers your question.

Oh, and in court, just in case your free lawyer does't coach you on this... if they ask you about any of that shit, just keep your mouth shut until your attorney does object to the question.

Some Old Drunk Guy
2008-09-01, 18:17
So you were lucky enough to get the worst cop in your town, get off on a shit load of charges, and you still go to court to fight a measly speeding ticket? Fuck you. If I knew where you lived, I'd report the cop.

Issue313
2008-09-02, 01:26
What an ungrateful little shit you are.

Speeding around in daddy's car, doing illegal drugs and swigging champagne. Now daddy wants his lawyers to get you off some BS ticket, and you want to appear all innocent and sweet in court?

Are you Paris Hilton?

You make me want to declare a Jihad on the United States for harbouring such a worthless maggot.

TCStyle
2008-09-02, 16:42
Don't blame me blame the United States legal system, haters.

So you were lucky enough to get the worst cop in your town, get off on a shit load of charges, and you still go to court to fight a measly speeding ticket? Fuck you. If I knew where you lived, I'd report the cop.

Wilton county, NY. You're going to "report" the state trooper, huh? Let us know how that works out for you

I understood that you fought it, dumbass. I've been dealing with the court system for a long time now. However, you ARE an ungrateful little bastard.

If you bothered to read the previous posts you'd have realized that wasn't directed toward you. Regardless please refer to the bolded statement above.

Some Old Drunk Guy
2008-09-03, 04:52
Wilton county, NY. You're going to "report" the state trooper, huh? Let us know how that works out for you
\

Will do.

TCStyle
2008-09-03, 13:47
Will do.

Would you be willing to record the phone conversation?

SODG - "I'd like to report a cop"
Operator - "For what?"
SODG - "Using police discretion"
Operator - "..."

Some Old Drunk Guy
2008-09-03, 15:16
I didn't make a call. I can't believe how much of a punk you are. You don't understand anything.

TCStyle
2008-09-03, 18:46
I didn't make a call. I can't believe how much of a punk you are. You don't understand anything.

The only thing I know is that I know nothing...

Edit: How's all that "reporting" going?