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Question

I was pulled over and told I had an outstanding warrant dating back from 1986 for open beer/driving without a license. I contacted the village that issued the ticket and the judge faxed me that he was removing me from the scoff list and that there was no longer a warrant out for my arrest. I cannot afford an attorney and have to go to court tonight. Can I request a continuance until I can contact a public defender or can I plead not guilty to this?

Submitted: 69 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: New York

Already Tried:
I went to court in June for this and because I didn't have an attorney, they postponed until tonight. I am a single parent with a 17 year old son, work 3 jobs, caretaker to my mother who suffers from dementia, work in NY. Was originally pulled over for running a stop sign, which I did, and want to pay that fine. But they told me I had an outstanding warrant since 1986...I was shocked. My husband was killed by a drunk driver in 1982 when my son was 8 months old. I don't drink, am a good person and role model to my son and his friends. This will destroy my reputation.

Posted by psimmons 69 days and 7 hours ago.

Info Request

What state is this in please?

69 days and 7 hours ago.

Reply

New York State

Posted by psimmons 69 days and 7 hours ago.

Info Request

Thanks, I can see that now.

So the ticket your fighting is open container/no license? Was your license suspended at the time or did you simply not have on your possession?

69 days and 7 hours ago.

Reply

To be honest, I do not even remember the incident. The ticket they faxed me said I had no license and an open container of beer. I never drove a car resembling the one mentioned on the ticket. Don't even know where the town is...

Posted by psimmons 69 days and 7 hours ago.

Answer

Thanks

You should be able to request a hearing on this matter. Particularly if you can convince the court that you really need time to prepare for this. The only possible issue I see is that it appears both of the offense your charged with are traffic infractions, NOT criminal offense.

For example, the open container law is listed below

http://law.onecle.com/new-york/vehicle-and-traffic/VAT01227_1227.html

Assuming your license was not suspended at the time of the ticket, that also would be in infraction.

Since your not facing jail time, your due process rights are not quite the same as if you were facing a criminal trial.

Still, the court can grant a continuance to allow you to prepare....and should if you can give good reason.


     
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69 days and 7 hours ago.

Reply

But the prosecuter the first time when I went said it was a misdemeaner? The ticket says "open container" and "without a lisence". The judge I contacted in the town the ticket was issued said her released me off the scoff list and told me I have to contact NY State motor vehicles to have it removed from my record. So is it a traffic violation or misdemeaner?

Posted by psimmons 69 days and 7 hours ago.

Answer

Well, I do not have access to the law in 86...so it may have been a misdemeanor at the time. The current law is a traffic violation

AGAIN, I am assuming you were not driving on a suspended license...is that the case?

69 days and 7 hours ago.

Reply

definately not....would it be an option to plead not guilty to the 1986 ticket and guilty to the running the stop sign?
Sorry, but my whole life can be ruined by this....I also ran the MADD program in my son's school.

69 days and 7 hours ago.

Reply

I"ve had my lisence since I was 17 years old , I'm now 50, never suspended and not even a parking ticket

Posted by psimmons 69 days and 7 hours ago.

Info Request

Thanks and sorry for the delay.

What is the statute # on the ticket for the 2 offenses...are they listed?

69 days and 7 hours ago.

Reply

What number would that be?

Posted by psimmons 69 days and 7 hours ago.

Info Request

The statute number, for example, open container is

§ 1227


69 days and 7 hours ago.

Reply

THat's the number 1227 the other appears to be 539-1

69 days and 7 hours ago.

Reply

sorry 509-1

Accepted Answer

Thanks that helps

Here is the law for 509-1

http://law.justia.com/newyork/codes/vehicle-traffic/vat0509_509.html

You can see, this violation could land 15 days in jail....so it would be a criminal offense.

SO prepare to tell the judge why you need a bit more time to get an attorney...I suspect the judge will oblige.


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Expert: psimmons
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Answered: 9/14/2009

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