Heading to court tomorrow to defend myself against a cell phone ticket. It’s in one of New York City’s dreaded TVB courts. Er, tribunals. Whatever. Anyone with any tips?
I have a plan for my defense in place, basically: 1) make sure the state produces the witness, 2) argue for dismissal or adjournment due to a clerical issue (was never informed of my rights further to NY law), 3) barring that, deep line of questioning to show either they didn’t witness it sufficiently, don’t have ample recall, or have inconsistencies in their testimony, 4) MAKE HIM IDENTIFY THE PHONE, 5) don’t take the stand, 6) close with that the state hasn’t met their burden of proof (which, by the way, is “a preponderance of evidence” in these tribunals).
Any lawyers out there?