There are a few ways you can beat a New York cell phone ticket:
- Taking the ticket to trial and being found "not guilty" by the judge
- Via a motion to dismiss (if there are certain errors that make the ticket legally defective or insufficient, for example)
- If you schedule it for trial and the officer doesn't show and the judge decides to dismiss the case for lack of prosecution.
The first way can be a real long shot because if the facts are in dispute and especially if it's your word against the officer's word, most of the time the judge will accept the officer's word over yours (after all, you are a little biased, aren't you?).
The second way can be very effective, but only under the right circumstances (after all, most tickets are accurately written or contain minor defects that don't render the ticket invalid).
The third way is a long shot because even if the officer fails to show, the judge can, and most likely will, reschedule the trial. Contrary to popular belief, there is no rule, law, or policy that requires a judge to dismiss a ticket simply because the officer fails to show up for trial. A judge is free to reschedule the trial at will. These reasons serve to reinforce our general belief that if a reduction to a 0-point offense can be negotiated, that is the best option.
|
Texting While Driving
