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New York City - great place to visit, dine, and shop. HORRIBLE PLACE to receive a traffic ticket. New York City traffic tickets present unique difficulties in defending. In New York City, you are NOT before a court of law. Rather, you are before the Department of Motor Vehicles tribunal.
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The differences between a court of law and the DMV tribunal are...
Legal Presumptions
Court of Law: Presumed Innocent
DMV Tribunal: No Such Presumption
Burden of Proof
Court of Law: State must prove beyond a reasonable doubt
DMV Tribunal: "Clear and convincing" evidence standard
Right to demand further Statement from police
Court of Law: As of right, so long as timely demanded DMV Tribunal: No such right whatsoever
Pre-Trial Litigation / Preparation
Court of Law: Pre-trial hearings & motions to dismiss allowed
DMV Tribunal: No right to hearings or motion practice
Presentation of case
Court of Law: Prosecutor presents / judge neutral observer
DMV Tribunal: No prosecutor and eliciting the state's case is by hearing officer
For a detailed description of the benefits of retaining Attack That Ticket for all of your New York tickets, go to Tale of 2 Motorists or give us a call for a free phone evaluation and see for yourself whether it would be worth hiring us to Attack That Ticket for you.
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