Question:

Disorderly conduct New York City in traffic?

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Crossing an intersection at 57th St and 8th Ave, a turning car sped in front me without yielding. I couldn't see the driver because of tinted windows. I freaked and I slapped the rear side window of the car because he was so close. The driver stopped and started yelling obscenities. Took his picture from across the street, then continued on my way. 30 minutes later a cop approaches me as I'm shopping at Whole Foods. I explain my side of the story politely which he doesn't appear to believe. Writes a summons stating the incident took place 30 minutes later than it did and in front of the Time Warner Center, not at 57th St. Should I plead guilty or not? I have time to go to court so it doesn't really matter which way. Thanks so much for responding!

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7 ANSWERS


  1. yes when you go to court explain to the judge and be respectful


  2. ABSOLUTE take it to court!  Do NOT plead guilty to something you did not do.  And ask for a JURY TRIAL, not a bench trial.  You will absolutely get a majority of the 12 jurists to agree with you on this.

    It will only be the officer's word against yours, and his is hearsay.  If they bring the driver into court, there is a good likelihood he will s***w up, since it's clear he has a temper and short fuse.  And you have a picture taken at the time of the incident.  (Take some more pictures at that location that include the street signage and you can probably get the summons thrown out even before it goes to trial!)

    Most likely, if you present your photo evidence and describe what happened, the district D.A. will just dismiss the charges when you go to court to enter your plea.  If not, ask for a Jury Trial.

    At that court date, only the Assistant D.A.'s will be there.  Ask to speak to the D.A. themselves, or whomever their boss is.  THEY generally CANNOT make deals.  Their boss can.  Or just go to see the D.A. ahead of time and discuss the case.

  3. Never plead guilty! Make that cop prove it, your picture will prove him wrong. Then charge the cop for harrassment. We are loosing our rights so the cops can have more power. Write to your state rep and have them put the constitution back in place. I am reffering to the removeal of the 4th amendmnet. They had no right to remove it on June 20 2008!

  4. I would absolutely NOT plead guilty in this case!  I think it would be worth fighting this.  Also, there may be a small chance the DA will dismiss this due to discrepancies.

  5. In the case as described, would plead Not guilty and go to Court.

    Ingrid


  6. what is the charge? do you still have the photo you took? if so, you can show where you were and where the cop wrote the ticket. all you need is to show an address in the photo that differs from the address written on the ticket to get it squashed.  

  7. you did hit the car, so you are guilty of that. i bet youll get a guilty conviction.  you should have called the cops on the guy that almost hit you and reported his license plate #

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