Conflicting Info with police officer - Can Prove That He Lied

[Guest]

Conflicting Info with Cop - Can Prove That He Lied

My question involves traffic court in the State of: New York

I was just found guilty at my DMV court hearing for my "Failure to Signal" ticket.

My main argument was that there was a sudden change in weather conditions. The temperature had been dropping dramatically for the past hour, and there was a sudden onslaught of hail and snow. My windows had fogged up, visibility was extremely poor and it was dark. It was immediately necessary for me to adjust the windshield wipers and defroster controls to regain visibility. After showing my turn signal and making the right turn, I was pulled over by the officer �. I feel that the officer would have had difficulty seeing my turn signal in such weather conditions.

At the hearing, the officer failed to state the weather conditions. When I asked him, much to my surprise he mumbled that the weather condition was clear and visibility was good. That is a lie! I can prove the weather conditions during that exact date and time from various sources. He basically perjured himself and the judge failed to recognize that. The credibility of the officer should be questioned.

I plan to appeal, but need some help with wording my appeal argument. Would appreciate any help. Thanks!

 

[army judge]

Why didn't you take an online traffic class? It's cheaper, can be done at home or from anywhere, and it washes away everything.
Too late now.

This was an issue, too.

"I feel that the officer would have had difficulty seeing my turn signal in such weather conditions."
You see, that's not your call. Besides, how could you testify as to what the officer saw, or should have seen? Answer: You can't, nor are you expected to do so.

Another solid option is to request a deferred adjudication. It costs a bit more, but never fails.
You request it, pay the fees and costs, stay citation free for 60 or 90 days, WHAMMO, WIZZO, the entire thing is dismissed.
It's just like it never happened.

For future reference, never ever try to TRY the case before a TC judge.
It's a rare bird that ever beats the case in TC.

Yes, traffic court, small claims court, and family court are notorious for lies, liars, and tall tales.
The time for YOU to have discounted the officer's claims, has passed.
Don't feel bad, that little bit of forgetfulness wouldn't have been relevant anyway.
Traffic court judges don't like those Matlock or Perry Mason nuggets anyway.
But, you're certainly within your rights to appeal. Good luck. We can't draft appellate pleadings, sorry.

 

[disagreeable]

His interpretation is valid within the parameters you described.