QUESTION

How do I get a misdemeanor dismissed in mayor's court?

Asked on Oct 09th, 2012 on Criminal Law - New York
More details to this question:
I was pulled over because the officer said my license was recently suspended for not showing proof of insurance in 2004. That car hasn't been registered in over 2 years and I keep insurance on the vehicle I am currently driving, which I showed the officer. This is not an arrestable or towable offense in Ohio. A second officer came got in my vehicle without permission move it off the road and began searching it. He comes back telling me I have marijuana and pills. The marijuana was a little piece he put in my container of mints, (probably from an earlier citation) that he wouldn't show to me until I repeatedly asked him to, and the bag of pills were vitamin C pills I keep in my lunch bag. After this travesty he asked me how much I had been smoking and I offered to go to the hospital for a blood test, which he refused. I am 35 and haven't smoked marijuana since I was I college. He threatened me with arrest numerous times because I wanted to read the citation before signing it. This I see as being forced to sign a contract under duress of being kidnapped and detained making it an invalid contract. I asked the original officer what the deal was and he would have nothing to do with it, just gave me the suspended license citation and booked it out of there. Now there is no way I'm going to take this or have it on my record. I'll fight this myself in court without a lawyer, because a person that doesn't know the law or his rights will be abused by the law and doesn't deserve them. How can I get this mess dismissed and what can I do about the officer? This towns police force is known for being less than honorable, though this is my first run in somebody needs to stand up to them. Also. why would they let me walk into the registrar and renew my tags but not mention a suspended license. Sounds awful fishy. It is terrible what some officers will do to meet quotas and become top cops.
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4 ANSWERS

Michael J. Breczinski
You were out of the car and the search was illegal. That answers anything found during the search should be suppressed. I never heard of a license being recently suspended for a 2004 ticket. I would get the DMV to give you a record of your driving history. This may have been an attempt to shake you down for a bribe. I would get a good lawyer if I were you.
Answered on Oct 09th, 2012 at 6:41 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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I do not practice law in Ohio. I do not know what "Mayor's court" is.
Answered on Oct 09th, 2012 at 3:43 PM

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Steven D. Dunnings
Ask an Ohio attorney.
Answered on Oct 09th, 2012 at 3:43 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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If it was in Ohio give my office a call I can refer you an Ohio attorney.
Answered on Oct 09th, 2012 at 3:42 PM

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