2nd Trial - North Tonawanda, New York
Stop sign - Uninspected Motor Vehicle
With this case, I was pulled over after doing a rolling stop in front of the police. Now, I did briefly stop for a split second, noticed the police car, and continued on given most of the time the police wave me through anyway; so I moved forward thinking we might be on the same page.
i was pulled over not long after on a portion of the highway (Rt 425), provided my drivers license, was told he was going to save me money on the stop sign by not issuing me a citation for it, however, he said, the rental car was past due for inspection (despite the inspection sticker showing as being valid for another few months). He told me that it’s the rental companies concern (I didn’t see why it would be mine anyway, given I just started renting that particular vehicle a few weeks ago, noted that it was plated in NY - unlike the other rental vehicles I rented through the same company - and likewise noted that the inspection was due in a few months.). Since I don’t own my own vehicle, and had been renting for a very long time with the company…I know that the majority of their fleet don’t use NY tags, and hence aren’t inspected. This was the first one tagged in NY, and hence under state protocol to be inspected. I likewise noted that the inspection was due in a few months, knew that I would normally be renting it beyond the time the inspection would normally be due, and hence already had a plan in place to have it inspected a few months later when it would be due.
The officer, as previously indicated, already told me I wasn’t responsible for the inspection and to contact the rental company to take care of it. I did; I called and emailed the rental company to cover my basis, and likewise mailed in the ticket “not guilty” to ensure I didn’t get my license revoked or otherwise for failure to respond to the ticket.
Around 6 months later, maybe longer, I was sent a plea offer in the mail from the DA. At this point, I didn’t even remember the citation and hence called the court clerk asking what it was in regards to. She told me it was about the inspection on the vehicle, I remembered, and let her know that the officer even told me it wasn’t my responsibility, and that I was told to contact the rental company to take care of it (which I did). It should be known, also, that a hold was placed on the vehicle not long after the citation, and the company wouldn’t allow me to extend the rental further given there was a safety recall that couldn’t be repaired on that model, and as such…it was taken completely off the fleet for the company (I’ll leave the question open as to whether or not an inspection sticker was just stuck on the vehicle, as per the police officer…his system said it was a few months past due).
So when I was told by the court clerk that the citation didn’t have any comments by the police officer that it was the responsibility of the rental company, I told her about it being a rental vehicle and she gave me a phone number to contact the DA. I thought it was a simple no brainer; how could a renter be responsible for the inspection of a rental vehicle, but also understood that they didn’t know the full details of the circumstances…so I called the DA, was thrown into voicemail, and left a detailed voicemail in regards to the situation that any reasonable person would have used as justification to dismiss the citation.
I didn’t respond to the plea offer, and given I left a voicemail…I thought all was set given I didn’t get a phone call back; however I received a second plea offer within a few weeks; this time stating if I didn’t respond, it would go to trial and the respective trial date. This time I sent an email to the court clerk advising in detail the situation, including the voicemail, and she advised that I had to show up to court since my name was on the citation.
Having wasted a few hours already with the email, voicemail, etc…I was a bit irritated at having to go to court for no reason, but I drove in, waited my turn, and instead of it being a trial as the plea offer said it would be if I declined to respond in the allotted time; I was offered the plea offer again. I obviously declined, and then made 2 motions to dismiss; the 1sr on the grounds of my 1st amendment immunity, and the second on the basis that it was a rental car; as such, I’m not obligated to inspect it.
The judge (Luke Brown) ignored the first motion altogether and then proceeded to say that I was responsible for inspecting the rental vehicle (I understand that he is/was a new part time judge appointed, however he shouldn’t be a judge if off the bat he’s making prejudiced decisions). Prior to leaving the court room I told him that if he violates my rights, he can be removed from his position. In similar context, prior to showing up to court…I emailed the court clerk that if I’m required to show up, then don’t expect me to be respectful given my 1st amendment free exercise “to have respect to persons is to commit sin”.
So I made them pick a court date, I showed up, and the full time judge, Shawn, dismissed the case given the police officer didn’t show up…citing some code that I can’t recall as he said it by numbers almost exclusively.
i was pulled over not long after on a portion of the highway (Rt 425), provided my drivers license, was told he was going to save me money on the stop sign by not issuing me a citation for it, however, he said, the rental car was past due for inspection (despite the inspection sticker showing as being valid for another few months). He told me that it’s the rental companies concern (I didn’t see why it would be mine anyway, given I just started renting that particular vehicle a few weeks ago, noted that it was plated in NY - unlike the other rental vehicles I rented through the same company - and likewise noted that the inspection was due in a few months.). Since I don’t own my own vehicle, and had been renting for a very long time with the company…I know that the majority of their fleet don’t use NY tags, and hence aren’t inspected. This was the first one tagged in NY, and hence under state protocol to be inspected. I likewise noted that the inspection was due in a few months, knew that I would normally be renting it beyond the time the inspection would normally be due, and hence already had a plan in place to have it inspected a few months later when it would be due.
The officer, as previously indicated, already told me I wasn’t responsible for the inspection and to contact the rental company to take care of it. I did; I called and emailed the rental company to cover my basis, and likewise mailed in the ticket “not guilty” to ensure I didn’t get my license revoked or otherwise for failure to respond to the ticket.
Around 6 months later, maybe longer, I was sent a plea offer in the mail from the DA. At this point, I didn’t even remember the citation and hence called the court clerk asking what it was in regards to. She told me it was about the inspection on the vehicle, I remembered, and let her know that the officer even told me it wasn’t my responsibility, and that I was told to contact the rental company to take care of it (which I did). It should be known, also, that a hold was placed on the vehicle not long after the citation, and the company wouldn’t allow me to extend the rental further given there was a safety recall that couldn’t be repaired on that model, and as such…it was taken completely off the fleet for the company (I’ll leave the question open as to whether or not an inspection sticker was just stuck on the vehicle, as per the police officer…his system said it was a few months past due).
So when I was told by the court clerk that the citation didn’t have any comments by the police officer that it was the responsibility of the rental company, I told her about it being a rental vehicle and she gave me a phone number to contact the DA. I thought it was a simple no brainer; how could a renter be responsible for the inspection of a rental vehicle, but also understood that they didn’t know the full details of the circumstances…so I called the DA, was thrown into voicemail, and left a detailed voicemail in regards to the situation that any reasonable person would have used as justification to dismiss the citation.
I didn’t respond to the plea offer, and given I left a voicemail…I thought all was set given I didn’t get a phone call back; however I received a second plea offer within a few weeks; this time stating if I didn’t respond, it would go to trial and the respective trial date. This time I sent an email to the court clerk advising in detail the situation, including the voicemail, and she advised that I had to show up to court since my name was on the citation.
Having wasted a few hours already with the email, voicemail, etc…I was a bit irritated at having to go to court for no reason, but I drove in, waited my turn, and instead of it being a trial as the plea offer said it would be if I declined to respond in the allotted time; I was offered the plea offer again. I obviously declined, and then made 2 motions to dismiss; the 1sr on the grounds of my 1st amendment immunity, and the second on the basis that it was a rental car; as such, I’m not obligated to inspect it.
The judge (Luke Brown) ignored the first motion altogether and then proceeded to say that I was responsible for inspecting the rental vehicle (I understand that he is/was a new part time judge appointed, however he shouldn’t be a judge if off the bat he’s making prejudiced decisions). Prior to leaving the court room I told him that if he violates my rights, he can be removed from his position. In similar context, prior to showing up to court…I emailed the court clerk that if I’m required to show up, then don’t expect me to be respectful given my 1st amendment free exercise “to have respect to persons is to commit sin”.
So I made them pick a court date, I showed up, and the full time judge, Shawn, dismissed the case given the police officer didn’t show up…citing some code that I can’t recall as he said it by numbers almost exclusively.
