Topics Topics Help/Instructions Help Edit Profile Profile Member List Register  
Search Last 1 | 3 | 7 Days Search Search Tree View Tree View  
Route 6x6 Discussion Board * Legal Issues: Insurance, Titles, Laws * Need help with NY AATV defense < Previous Next >

Author Message
Top of pagePrevious messageNext messageBottom of page Link to this message

Cheryl Welch

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in a village about 3 blocks from access to the Mohawk River & for 4 years have been driving my Maxes from my home to the river on public roads. I've been stopped a couple times by cops who admired & asked questions about my vehicles but never ticketed or even warned me about driving on the road. Last Sun a rookie on the force stopped me & wrote me 5 tickets. I have the documentation to get rid of the lack of insurance & registration violations. So, I'm left with operating without a helmet (though I do have seatbelts & a roll bar), operating an uninspected vehicle, & operating on the highway. I've entered a not guilty plea to all charges, but now have only 2 weeks to assemble a case. So, if anyone has ever been in a similar situation in NY State, I could use your advice. What worked for you & what didn't? Any specific court decisions in our favor would really be welcome & appreciated. THANK YOU!
Top of pagePrevious messageNext messageBottom of page Link to this message

Bud ( - 167.230.38.7)

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Traffic tickets are a source of civil revenue. I hope that you are not intending to fight this pro se, because you will probably lose. Find a decent attorney, and let him/her do the job.

The judge does not want justice. The judge wants a clear docket, and wants to ensure that the county/city/state maintains appropriate levels of revenue.

Whatver you decide, good luck!!
Top of pagePrevious messageNext messageBottom of page Link to this message

George

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm pretty sure that ATVs purchased in NY to be used primarily for agriculture do not need to be registered. This might be true for inspections too. I'm not sure how you can convince a judge that the Max is used in such a way if you were on roads and do not own a farm.

It might be cheaper to pay the fine than fight it. If you can get passed the insurance fine that is to say.
Top of pagePrevious messageNext messageBottom of page Link to this message

Cheryl Welch

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Are you an attorney? I only ask because "pro se" isn't in the Average Joe's lexicon. I thought about getting a lawyer, but you can't buy passion, & I think an attorney would opt to plea bargain it down & be satisfied rather than take on the more difficult task of establishing a precedent for future AATV owners like I'm hoping to do. If anyone knows of an attorney in the Albany/Schenectady area who has handled AATV cases before, I would definitely give that one a call!
Top of pagePrevious messageNext messageBottom of page Link to this message

Cheryl

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

George,
The insurance charge is null, I am insured but didn't have the card with me. I also am registered, but legislation is pending to change registration from April 30 to Aug. 31, & DMV sent out letters that said registrations were automatically extended until the matter was decided & I wasn't carrying the letter with me so I got that ticket too. As for inspections, there is no ATV inspection. I feel like the cop regarded the Max as an ATV where he could ticket me for certain violations & as a standard motor vehicle where he could charge me with other things. I know paying the fine would be the easy way out, but I'd rather fight so I have the possibility of driving the 3 blocks to the river. Otherwise, I have to trailer it every time, & who wants to use extra gas at today's prices?
Top of pagePrevious messageNext messageBottom of page Link to this message

George

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Cheryl,

Is your Max registered as a boat? You might want to consider an answer to that question in the event the judge asks it. I'm not sure about NY, I swim my Attes in a private pond. I know there have been conversations on this site about owners having to register their AATVs as both land and sea vehicles in other states.

George
Top of pagePrevious messageNext messageBottom of page Link to this message

Hadamax ( - 69.144.211.7)

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have no idea what laws in your state are like so you must study what applies to you and your situation.

Look at each of the violations in the law books or on line. Donít forget to go over the definitions (probably in the beginning of the chapter). As you read, see how each law and its definitions apply to your situation or does not apply to you. The laws you are charged with violating are printed on the citation you were given. Print copies of the law and the definitions & Take some photos of your machine

Dress very nice in court. Have a folder with your paper work. Have two or three copies of the law and your photos to hand out as needed. It looks very good to the judge when you present yourself in a professional and courteous manner. When talking with the officer or judge be polite, this is important.

Ask the Officer what the definition of a motorcycle is. (If it does not include 6 wheels then a helmet should not be required unless it is required by some other law) If the Max can not get an inspection, have the law outlining who can get inspections. Ask the Officer about inspection requirements. If he canít answer correctly, ask the judge if you may show him the Law. (You have a copy ready-The judge will probably look it up in his own book) Write down several questions ahead of time so you donít have to search for the question when itís time. Remember when you are asking questions it is not your turn to make statements. In your closing statement you can include a comment about the charges being Ďstackedí on you. Take your checkbook with you to court and be prepared to pay. You will know how you stand after you have researched the laws and what they mean.
Good luck
Top of pagePrevious messageNext messageBottom of page Link to this message

m olszewski (Skanmatt)

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a police officer(20yrs) in central NY and a new maxII owner. Sometimes I wonder if they issue any brains in the police academy.(this guy probably pulls over people in the rain) Contact the court and find out when the district Atty will be there. Explain your dilema and bring photos of your amphib. Be humble. I can not imagine that the ADA will have much experience dealing with six wheelers.
good luck
Top of pagePrevious messageNext messageBottom of page Link to this message

Terry Mascioli (Sharpshooter)

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Just to let PA 8 wheelers know, Progressive Insurance sold me a policy for my Argo Conquest 8x8. I had to call their 800 number and inquire about it, the agent had to get off the line and check with somebody, but they did write the policy. She had to over ride the computer to enter the information but she asured me that it would go thru. I have been trying for two and a half years to get insurance on this machine.
Top of pagePrevious messageNext messageBottom of page Link to this message

A.C.R.

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, February 23, 2005 - 10:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Just another idea when checking the law book;Iwas charged with similar "stacked"offences years ago when I lived in Nova Scotia as it turned when reviewing laws there was a specific law against opperating an ATV on puplic roads.I pled guilty to this offence and balance of charges were dropped; the judge critised the officers for not knowing the law existed any way I was handed A $50.00 fine. Way less than combined fines as original charges hope this helps.

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image

Username: Posting Information:
This is a private posting area. Only registered users and moderators may post messages here.
Password:
Options: Enable HTML code in message
Action: