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Old 09-04-2019, 10:42 PM   #11
juniper5
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

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NO. There is NO discovery for traffic infractions in New York State. Anywhere.
That is not what I understand the law to be.
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Old 09-05-2019, 07:42 PM   #12
Highwayman
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

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Originally Posted by juniper5 View Post
That is not what I understand the law to be.
Well you understand wrong.
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Old 09-05-2019, 07:47 PM   #13
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

Is this article wrong then? [Link at end to article included.]



Speeding tickets – where prosecuted

The next thing you need to understand is what venue you are before. NY State speeding tickets are tried in 2 completely different venues. If you received a speeding ticket in New York City (all 5 boroughs), Rochester, or Buffalo, your case will be heard in the NYS Department of Motor Vehicles Traffic Violations Bureau. This is not a “real” court but an administrative tribunal owned and operated by the NYS DMV. The judges are not real judges in that they are not elected officials but administrative law judges (ALJ) whom are employees of the DMV. Contrast, if you are before any other of the over 1,400 courts in NY State outside of the aforementioned venues, your case is being heard in a local city court, or town or village justice court.

The difference is like night and day. In the TVB the burden of proof is the lesser by clear and convincing evidence standard. In the city and justice courts the burden of proof is the greater beyond a reasonable doubt standard. In the TVB court a defendant does not have all the rights that a defendant is entitled to in a justice court. Specifically, in the TVB courts the defendant does not have the right to:

Discovery
Supporting deposition
NY CPL § 710.30 disclosure
Speedy trial rights under NY CPL § 30.20
The right to “Rosario” material
The right to disclosure of all written and recorded information
The right to make a written motion to dismiss


https://www.attackthatticket.com/how...eeding-ticket/
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Old 09-05-2019, 09:52 PM   #14
Highwayman
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

YES, it's wrong.

You seem to be one of these people who believes everything he reads on the Internet.
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Old 09-05-2019, 10:00 PM   #15
juniper 5
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

Do you have any evidence or info you can cite for your position? Please post it. I am eager to see it and learn.

-

All that I see shows you are not correct?

And if the info is wrong, maybe you should report the lawyers that are posting it.
Because that would be illegal and fraud and most licensed lawyers seem to avoid that sort of thing.

Discovery is not banned in all of NY seems to be the actual law.
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Old 09-06-2019, 10:20 PM   #16
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

Hello?
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Old 09-07-2019, 10:56 AM   #17
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Default Re: Can I force the officer to bring his supposed radar gun to traffic court?

Posters above are normally spot on, but in this case it does seem there is NOT one uniform approach in NY throughout the state, unless I am missing something.
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