Was ticketed for failure to tried to a pedestrian in a cross walk “even though he wasn’t in the crosswalk yet” and the officer wrote the violation 1151a which in NYS is failure to yield to a pedestrian on a sidewalk. He should of put violation 1151. I’m pleading not guilty this is my first time ever getting this ticket. Can I argue I didn’t commit the crime because I was on a main road no where near a sidewalk?
Yes, but please do not assume that officer will go along with your version of the events even if 100% true.
You can represent yourself but even if you get it dismissed on a technicality they can re-charge you correctly. You are better off going for a final adjudication on the merits using the error as leverage. The best thing to do is to hire a lawyer, as one key element of service is that the lawyers goes to court for you, which also means that you do not have to worry about getting exposed to the coronavirus while appearing in a crowded court.
Here is VTL 1151: https://law.justia.com/codes/new-york/2015/vat/title-7/article-27/1151/
And 1151a: https://law.justia.com/codes/new-york/2014/vat/title-7/article-27/1151-a/
Did the officer provide you with a supporting deposition with the ticket? What does it say?
You are of course entitled to represent yourself on these matters but I suggest that you hire an experienced traffic ticket lawyer to represent you. Good luck.
