Speeding in ny :-(

[Turbo5upra]

I was pulled over for speeding 80 in a 65.... on a 4 lane highway in ny, the officer was backed onto a access road with a metal gate across it, the gate has several signs posted on it one of which being a "no parking" Can I use this as a way to get my ticket dismissed? or will the judge look at me like i have 4 heads when I try and pull that?

Thankyou for your help in advance

 

[Ohiogal]

I was pulled over for speeding 80 in a 65.... on a 4 lane highway in ny, the officer was backed onto a access road with a metal gate across it, the gate has several signs posted on it one of which being a "no parking" Can I use this as a way to get my ticket dismissed? or will the judge look at me like i have 4 heads when I try and pull that?

Thankyou for your help in advance

"NO Parking" signs on those gates are usually so that police and other vehicles can get through the gate without having to worry about someone who abandons his car there while he goes for a hike or something. You can't use it to get the ticket dismissed.

 

[Turbo5upra]

Not trying to be a jerk about this, But, in the new york VAT

No parking = section 129 ~Park or Parking. Means the Standing of a vehicle, wheater occupied or not,otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengerers

So following it to the letter, he was in a violation of a parking law since he told me "I interupted his relaxing sunday morning" (or somthing to that effect)

I know i'm reaching here but......

 

[You Are Guilty]

Not trying to be a jerk about this, But, in the new york VAT

No parking = section 129 ~Park or Parking. Means the Standing of a vehicle, wheater occupied or not,otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengerers

So following it to the letter, he was in a violation of a parking law since he told me "I interupted his relaxing sunday morning" (or somthing to that effect)

I know i'm reaching here but......

First of all, it's the VTL. VAT is just how they list it on the Legislature's website.

Second, please show me where in the VTL (or anywhere else) it says that other people's violations negate your speeding.

Third, if you still have time, please read VTL s. 1104(b)(1) and you'll have the answer to your question.

(To save time, I'll provide the definition of "authorized emergency vehicle"):

Authorized emergency vehicle. Every ambulance, [highlight]police vehicle[/highlight]
or bicycle, correction vehicle, fire vehicle, civil defense emergency
vehicle, emergency ambulance service vehicle, blood delivery vehicle,
county emergency medical services vehicle, environmental emergency
response vehicle, sanitation patrol vehicle, hazardous materials
emergency vehicle and ordnance disposal vehicle of the armed forces of
the United States.

 

[Turbo5upra]

1104 authorized emergency vehicles The driver of an authorized emergency vehicle, when involved in an emergancy operation, may exercise**************...... not going to type it all

114b Emergency operation The operation, or parking of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person**************

It was not a emergency operation when he was sitting on the side of the road using his radar, however it did turn into one when i passed breaking the law, according to 114b

once again i'm not trying to be a jerk, i'm just trying to explain why i thought i could use it for a defence....

can a officer break one rule to enfforce another?

 

[You Are Guilty]

1104 authorized emergency vehicles The driver of an authorized emergency vehicle, when involved in an emergancy operation, may exercise**************...... not going to type it all

114b Emergency operation The operation, or parking of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person**************

It was not a emergency operation when he was sitting on the side of the road using his radar, however it did turn into one when i passed breaking the law, according to 114b

once again i'm not trying to be a jerk, i'm just trying to explain why i thought i could use it for a defence....

can a officer break one rule to enfforce another?

Believe me, you're not the first person to come up with this "defense". Even if your interpretation was correct (it isn't, see below), you still have to show me where some one else's parking violation negates your speeding.

Anyway, had you read the entire 114-b, you'd see why this won't fly:

Emergency operation. The operation, or parking, of an
authorized emergency vehicle, when such vehicle is engaged in
transporting a sick or injured person, transporting prisoners,
delivering blood or blood products in a situation involving an imminent
health risk, [highlight]pursuing an actual or suspected violator of the law[/highlight], or
responding to, or working or assisting at the scene of an accident,
disaster, police call, alarm of fire, actual or potential release of
hazardous materials or other emergency. Emergency operation shall not
include returning from such service.

You can guess who the "violator" in this instance will be.

 

[Turbo5upra]

How can that be used in court, (radar) if it was obtained by breaking a traffic law?

The part that gets me is, there is no laws that keep officers from breaking one to enfforce another?

it's a stupid defence! but i'm sure there have been worse that worked

I read the entire 114-b thats the part that gave him the ability to pull me over, or shall i say, go over the speed limit to pull me over

 

[sukharev]

Got news for you, police can and will break certain (not all) laws to catch the law-breaking public Sometimes all they need to do is clearly identify themselves while they are doing it! Flashing sirens, marked cruiser, you name it...