dimanche 1 mai 2016

Other Violations: Uao and Cell Phone Ticket. Unprofessional Police Conduct

My question involves a traffic ticket from the state of: New York

I have worked as a career EMT for the past 3 years and was on my way to required training to maintain my credentials.* The course I am taking is located at a sheriff's station.** On my way into class I was pulled over just a few hundred yards from the sheriff's station by a sheriff.** The sheriff told me that I was going a little fast and that it looked like I was on my phone.** I replied "I was using the GPS function on my phone.".** The officer asked where I was going to which I replied "to my EMT class." to which he replied "that's at the sheriff's station." which I was well aware of.* The officer ran my license,* came back to my car and asked me to step out.** He informed me my license had been suspended out of a near by town.** I was in shock but very polite to the officer.** The officer informed me that it is their policy to handcuff people with this offense and place them in the cruiser. I asked the arresting officer if I should obtain representation at this time.** As I was saying this,* another officer was just arriving at the stop.** The newly arriving officer began yelling at me stating "Stop giving us a hard time,* I know your teacher and everyone in that class and I will tell them what you did!".* I replied* very scared "brother, I promise I'm not trying to give you a hard time.".** I was unaware asking if you need a lawyer was considered giving the police a hard time.* The police decided to let me drive my car to the sheriff's station escorted by them with their lights on where they blockaded my vehicle in and I was told by the officer "if you come out here and I find you have another key and you take this car,* I'm throwing you right in jail.".** I was written a ticket for being on my cell phone and an agrevated unlicensed operation which is a misdemeanor.** The police officer did tell my teacher what I did right in front of me,* and other people I work with at my own job. I was so humiliated I cried in the bathroom at the sheriff's office.** I missed 8 hours of school,* and had to have family come get my car.* When I got home I pulled up my abstract on NYS DMV and* it said that I had failed to answer a summons which was false.* I had already been to court for a traffic ticket at that court, and the ticket was reduced to a parking on the pavement.* I went to the court where my license was suspended and told them what had happened and they wrote me a letter stating my license should not have been suspended.** I obtained a lawyer who told me we could request the dash cam video,* and that he could get it reduced to a parking ticket.* My lawyer went to court for me and informed me that they would drop the AUO but would only knock the cell phone ticket down to a failure to obey a traffic control device.* He also told me the DA does not think there is a dash cam video.** I want the case dropped because the way I was treated and the way the police brought my personal affairs into a routine traffic stop.* Should I take the plea which carries 2 points or should I take it to trial and tell the judge what took place?** I feel like my lawyer isn't going to bat for me and I will do what ever it takes to find a dash cam video if there is one because I don't want this officer to get away with this conduct. If I had been 50 years old I believe I would have been treated differently,* but they treated me like a punk criminal.* The arresting officer also told me he would not have given me a cell phone ticket had my license not been suspended, which it should not have been.* The one police officer told people that I will work with for the rest of my career in EMS,* and people that could have a say in my future employment endeavors. He acted as the judge,* jury and executioner not knowing I was actually innocent of the AUO.** Do you think I have a chance at getting this dismissed?


Other Violations: Uao and Cell Phone Ticket. Unprofessional Police Conduct

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