New Yawk Citee Inc.

[ThomPaine]

During a recent trip to NYC, my legal person received a citation for operating a motor vehicle and a cell phone at the same time. The donut eating foot soldier failed to see the separation between that entity and a free man travelling in a privately owned car, speaking with his private commerce client about their location.

SO, I have several options as I see it:

Refused for cause without dishonour on the citation and send it back

Accepted for value upon proof of claim on the citation and send it back

Plead my case in writing (they have a process for this) to the judge and he may toss it or reduce the $90 fee to the corporation.

Do nothing, its not a moving violation and they dont have the time and resources to chase down out of state infractions for something so menial.

*Notice there is no option to just pay the citation and no comments from the peanut gallery are required...

What say ye??

Thanks

Thom

[Steel]

Unfortunatly any option is a waste of your valuable time,
if only you could counter with a valuable claim of your own............................................... .................................................. .................................................. .................................................. .....................Luke 11:9
And I say unto you, Ask, and it shall be given you; seek, and ye shall find; knock, and it shall be opened unto you.

[Livefire]

If you choose the ignore option, they may report it to your state that issued the license. Depending on your state's code they may issue points and/or suspend your license. I say suspend because MI does that if you refuse to pay.

[gldskr]

In response to your query I will presume that your vehicle was registered.

Originally Posted by ThomPaine

During a recent trip to NYC, my legal person received a citation for operating a motor vehicle and a cell phone at the same time. The donut eating foot soldier failed to see the separation between that entity and a free man travelling in a privately owned car, speaking with his private commerce client about their location.Why was your legal person operating a motor vehicle in the first place? He doesn't know any better, but you should.

SO, I have several options as I see it:

Refused for cause without dishonour on the citation and send it back This will be a loser, as your R4C will in fact be with dishonor, evidenced by your display of the plate.

Accepted for value upon proof of claim on the citation and send it back. Again, an easy one for them, your plate is the proof of claim.

Plead my case in writing (they have a process for this) to the judge and he may toss it or reduce the $90 fee to the corporation. What's to plead. You made your contract with the devil and now you must do his bidding. Pay the 90 bux and move on, perhaps next time you'll get it right.

Do nothing, its not a moving violation and they dont have the time and resources to chase down out of state infractions for something so menial. If you still wish to play the game, technology prevents you from passing GO and you certainly won't collect $200.

*Notice there is no option to just pay the citation and no comments from the peanut gallery are required...

What say ye??

Thanks

Thom

gldskr

[rottweiler]

post deleted

[andrewmitch]

I don't where you live but if you went to court and brought a hands-free device with you (and the receipt) they will let you off. They do this because they feel you have learned your lesson and will use a hands free device from this point on. You could buy a device for the court date and then return it right afterwards.

[ThomPaine]

for those who may have missed some sarcasm or hidden info:

yes the car is registered, however, the fact that it is registered and has plates and insurance does not prevent a free man from using that car to travel in, talk on a cell phone travel rapidly down the public highway or squeel the tires, etc...

I have won several cases using SMJ/IPJ involving plated cars with insurance, etc. The simple facts are that the city of NY does not have jurisdiction over me to tell me what i can or cant do in a privately owned automobile.

2. (a) Except as otherwise provided in this section, no PERSON shall OPERATE a MOTOR VEHICLE upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion. (b) An OPERATOR of a MOTOR VEHICLE who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the OPERATOR was not engaged in a call. (c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

4. A violation of subdivision two of this section shall be a traffic INFRACTION and shall be punishable by a FINE of not more than one hundred dollars.

I am not a person and was not operating a motor vehicle, so it seems pretty cut and dry to me...

[Steel]

[fail]traverse argument[/fail]

[indigenous1]

Looks like a job for TicketSlayer's default process

http://ticketslayer.com/

[Lawdog]

Originally Posted by ThomPaine

The simple facts are that the city of NY does not have jurisdiction over me to tell me what i can or cant do in a privately owned automobile.

Haha, they most certainly do when you're in one of the five boroughs that comprise the City of New York (Manhattan, Bronx, Brooklyn, Queens, Staten Island).

Originally Posted by ThomPaine

I am not a person and was not operating a motor vehicle, so it seems pretty cut and dry to me...

You're not a person? Then what are you, an ape who learned how to type English, or a visitor from another planet?

Person = human being. You, me, everyone still breathing who is a member of the species homo sapiens.