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NEW YORK ELECTRONIC TICKETS RULED ILLEGAL BY ONEONTA COURT

Those drivers who receive the new E-Tickets that police officers and New York State Troopers conveniently print from their police cars should take note that one judge is Oneonta has ruled that the tickets are not legal and recently dismissed an Aggravated DWI case as a result. Ruling in the case of People v. Nathaniel White, City Court Judge Lucy Bernier ruled that the actions of the police officers in entering the data into the computer are indistinguishable from mere word processing and therefore the tickets are not affirmed or sworn under penalty of perjury as required by law.

The White ruling conflicts with a 2005 ruling by a City Court judge in Rochester that described the process of filling out the electronic ticket troubling but found that the tickets were ultimately legal. In the Rochester case, the City Court Judge found that the supporting deposition which was signed rescued the defective traffic ticket. The White ruling however, is both lengthy and well reasoned and will likely be appealed. In the interim, New York Traffic Court lawyers and New York DUI attorneys will continue to fight this issue.

If you or any family member has been charged in New York with any DWI, Speeding ticket or other traffic infraction or traffic misdemeanor investigate your rights. Contact one our experienced attorneys for a free over-the-phone consultation.

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One response to “NEW YORK ELECTRONIC TICKETS RULED ILLEGAL BY ONEONTA COURT”

  1. This is an excellent and very informative post. This situations show why it makes sense to hire a skilled criminal defense attorney. I am willing to bet that few motorists and most attorneys are not familiar with this flaw in the citation system; a flaw which may make the difference between being convicted and being found not guilty. Similar flaws exist in Massachusetts motor vehicle laws and those attorneys with in-depth knowledge of the law are often able to achieve excellent results in cases which were seemingly “un-winable.”
    Attorney Brian E. Simoneau