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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23592
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Auto driver claims bicyclist t her. Bicyclist has amnesia

Customer Question

Auto driver claims bicyclist hit her. Bicyclist has amnesia because of fall. He wakes up in hospital with traffic ticket for running stop sign and multiple injuries. Occurred 8/13/13. Discovery is close. I have no ammo. Must settle traffic ticket first. Afraid to plea bargain with Assistant DA.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

What are you being charged with? What is the offer on the table?

Customer: replied 1 year ago.
Running a stop sign per my own admission while on my back in middle of road with no recall.
Expert:  Zoey_ JD replied 1 year ago.

So there's no criminal case and this is just a traffic ticket?

Customer: replied 1 year ago.
No.
Expert:  Zoey_ JD replied 1 year ago.

You posted this question in criminal law and appeared to indicate that you were going pro se on a criminal case and you were afraid to negotiate with the DA.

Are you asking how to resolve a traffic ticket? It's a violation and not a crime, with a fine of $100 that will get you 3 points, I assume the only reason you won't simply dispose of the traffic ticket is because it might be used against you in your criminal court case. Unfortunately, New York doesn't allow you to enter a no-contest plea and thereby avoid an admission of guilt. If you want to try to bargain with the DA about the ticket, show the DA proof that you were hospitalized and medical documentation that you had no recollection of the acciident. Use that to try to get him/her to dismiss the traffic case which was predicated only on a statement coerced by police under circumstances that would make it unreliable.

If you can't get the case dismissed, you've either got to plead guilty to the violation or go to trial and hope that the police officer doesn't show up. If he does, you could get him to concede that when he found you, you were injured and had to be hospitalized and try to demonstrate through your questioning of the offier that any statements you made when you were dazed and confused and injured from an accident can't be taken at face value.

If you're not asking about how to resolve a traffic ticket, please explain your question.