Members Lucky Posted April 18, 2011 Members Posted April 18, 2011 As a ticket fixing scandal erupts in New York City, I am reminded that fixing tickets has been common in America since the first ticket was issued. "It is a practice that by all accounts has been around almost as long as the traffic laws: fixing a traffic ticket. In the annals of small-bore corruption, there are few things more commonplace than a police officer’s making a ticket disappear for a friend or relative. Yet now this curb-level cronyism is threatening to erupt into a New York Police Department scandal. Some two dozen officers in the Bronx could face criminal charges as a result of a lengthy inquiry into the practice, and hundreds could face disciplinary action by the department, a law enforcement official and several other people briefed on the case said." The Times did not contact me on the subject, but I remember as a young lawyer that every lawyer in town knew how to fix a ticket. The courts had ruled that the standard summons did not meet legal muster for charging a crime, but the city kept using them anyway since they were so convenient. All a lawyer had to do to get the ticket dropped was file a motion to dismiss, citing the court decision. The average Joe did not know this and just paid his tickets. The catch was that the prosecutor could refile the ticket, using the proper forms. But that task was assigned to one woman, and she was, um, quite popular.Lots of tickets never got refiled, and even if they did, the cop had usually given up by then and did not even appear in court. (Less than half of cops usually show up for ticket fighting cases anyway, in my experience.) At our little law firm, we would get people wanting parking tickets fixed. At that time, the fine was only $2, so we would assure them that, yes, we could get the ticket fixed, then we would just go over and pay it. They were never the wiser and seemed to think that we had some clout, which didn't hurt when future business was at stake. Tickets have long been unpopular as it is usually the driver's word against the police officer's, and you know who courts decide to rely on. http://www.nytimes.com/2011/04/18/nyregion/ticket-fixing-by-police-investigated-in-new-york.html?ref=nyregion Quote
Members MsGuy Posted April 18, 2011 Members Posted April 18, 2011 If ever there were a proper place for de minimis lex non curat, the 'crime' of fixing traffic tickets would be it. I always thought fixing a ticket was just one of the perks of wearing a badge, kinda like free coffee at the cop shop. There was a young man named Rex, Who had diminutive organs of sex. When caught for exposure, He said with composure, De minimis non curat lex! "The Law doesn't sweat the small stuff." (very loosely translated) Quote
Guest zipperzone Posted April 19, 2011 Posted April 19, 2011 At our little law firm, we would get people wanting parking tickets fixed. At that time, the fine was only $2, so we would assure them that, yes, we could get the ticket fixed, then we would just go over and pay it. They were never the wiser and seemed to think that we had some clout, which didn't hurt when future business was at stake. It's hard to imagine someone being so cheap as to ask their lawyer to "fix" a $2.00 ticket. I would be embarrassed to have anyone know I was that cheap. Even if it was years ago and $2.00 represented more than it does today, it's still unbelievable. The law firm should have paid the $2.00 (as you say they did) and then bill the client $25 for "services rendered" Quote
Members Lucky Posted April 20, 2011 Author Members Posted April 20, 2011 From the NYPost today: Cops who fix tickets aren't corrupt -- they're courteous. That's the opinion of one police-union leader, who last night defended the practice as part of the culture of being a cop. Vigorously supporting members facing departmental or criminal charges in an ongoing probe, Edward Mullins, the head of the Sergeants Benevolent Association, insisted the age-old practice is "just a courtesy" and cops reap no personal benefits. "The portrayal of some members of the department being involved in a major corruption ring of ticket-fixing for favors" and the idea that "labor organizations discreetly approve [of it are] ludicrous," Mullins said. Mullins has recorded an audio message asking current and retired members of the NYPD of all ranks to come forward with stories about fixing tickets to show it's not anything nefarious. Read more: http://www.nypost.com/p/news/local/union_boss_tix_fix_cops_just_aim_JVid5QhvVF0jMNIZFE2DRO#ixzz1K53BLPaX Quote
Members RA1 Posted April 20, 2011 Members Posted April 20, 2011 None of this thread would apply in MEM. Not that we are so law abiding but that once the cop writes the ticket, no one short of the judge or DA can "fix" it. A clerk might try but that has led to striped sun tans. Of course, each speeder or other traffic law offender can try whatever with the cop but he or she should be very careful. Escalation of infractions and penalties might ensue. About the best one can do with the DA is hire an atty to "suggest" a driver's ed class as the "best" penalty and state the reasons for doing so. That might or might not work but is the best shot, at least around here. Best regards, RA1 Quote