NYC DMV Adjudication Board is not unbeatable

so http://www.worldlawdirect.com/articl...ng_ticket.html , which is otherwise a terrific article, says, for NYC, "If you receive a citation in these cities you are essentially doomed." I just was in the North Queens Adjudication Board and it didn't look anywhere as gloomy as described:

1. I observed about 30 cases presented before two judges. I didn't count, but about half of the cases were dismissed because the officers did not show up.
2. Several people asked for and got continuations, except for one who asked for his fourth one ("my witness broke his arm!") and was told he can have it, but only if he surrenders his license until the next hearing. One woman claimed she had no ID on her person, not even a credit card, and her case was rescheduled just for that reason. (from what I've read, one rescheduling can be granted at no specific reason at all, as long as it's mailed in 10 days prior the hearing or requested on the phone/in person 1 day prior, subsequent ones require a significant reason)
3. You have the right for an attorney and the right for a translator. Lack of attorney is acceptable grounds for the first continuation, and probably lack of the translator too, I just didn't see that executed.

2. I saw two cases where police officers lost:

one, a stop sign violation. The defense attorney looked at the officer's records and noted that the book was labeled November, while the incident was in October. The officer repeated that he made the record immediately after the traffic stop, but just before that he had said (answering the lawyer's question) that he must rely on his records. The judge dismissed the case and told the police officer to keep his dates in order.

two, a cell phone violation. Defendant (no atterney) said he was stopped on the red light when he got the phone call, he spoke on the phone and was going to park as soon as it is safe. The judge asked the officer what was the motorist doing at the time the violation was first observed and the officer confirmed he was stopped at the red light. The judge dismissed the case immediately saying 'the law clearly states the vehilcle must be in motion'.

And, for reference, the procedure at these boards:
1. Motorist, lawyer if any, and the police officer are called to the stand. You stand right next to each other, shoulder to shoulder, and can see each other's notes. Keep your notes closed!
2. The officer makes his statement. All officers I saw, no exception, read it off their records. Many cases have been postponed several times and were well over a year old. They obviously did not remember any details.
3. The defendant (or his laywer) asks the officer any questions he wants. This is the time where you ask him to hand over the records and examine them quietly (this is where the laywer in the case above spotted incorrect date on the cover and made the motion to dismiss)
4. The defendant testifies, although this is optional, since then (and only then) he would be under oath and the judge might ask something tricky. This is the time to bring up photos and maps and call the witnesses.


And yeah, my case was one of the lucky ones dismissed because the officer didn't show up


--Cubbi (cubbi At cubbi dot com)

[judg4]

Great information and very helpful for everybody!! Thanks.

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