help!

Apr. 24th, 2003 10:20 am
[identity profile] belovedcrown.livejournal.com posting in [community profile] techrecovery
Not tech support related but I am a regular poster and cute, so forgive?

ANYONE out there licensed to practice law in NY who could just help me out? I'll pay you well. I got a traffic violation 58 in a 40mph and I want to offer a plea bargain to the DA as I'm told she regularly accepts them, but only from attys, never individuals representing themselves. I would just need you to call and offer the plea and sign the paperwork with me. She will usually plea bargain to "parking on the highway" Otherwise its 4pts on my license and I could lose my insurance if found guilty at trial. If you want to help, instant message me on AOL, yahoo, or ICQ. The IM names are on my lj profile.

Date: 2003-04-24 10:06 am (UTC)
From: [identity profile] oddigy.livejournal.com
I'm going to rant for a few minutes here, whether it's welcome or not. If this post is deemed unacceptable, please feel free to delete it.
If the speed limits were clearly posted, you really have no business disobeying them. I think you should accept the points on your license and let that be a lesson to heed the road signs more often.
Furthermore, I'm reading this journal in Lynx, so I can't see user pictures... but upon reading your entry, I thought "hey, I bet this post came from the girl who's full of herself..." and sure enough... :D
Chica, if you think you're going to get favors by saying "I'm cute, so help me out" ... ... you need to wake up and join us in the real world.
(end rant)

Social Engineering

Date: 2003-04-24 11:14 am (UTC)
From: [identity profile] hoffman-log.livejournal.com
Took a break from my essay on terrorism to read my friends list. Anyway, allow me to suggest an alternative possibility (but don't complain if it doesn't work). In the book The Art of Deception by Kevin David Mitnick (yes, THAT Kevin Mitnick), there's a rather useful example of a social engineer using their skills to get out of a traffic ticket. While I don't have the book here in front of me, I'll try to provide the information as I remember it off the top of my head.

First off, the citation you received should have the officers name, and badge number on it. Also, it should have the phone number of the headquarters for the jurisdiction the officer is an employee of. Call them up, and ask to be transferred to the Subpoena clerk (the guy responsible for subpoenas, etc). It's possible that they wouldn't do this, but that people authorized to call this office call a different number. If such is the case, call a law firm pretending to be a new employee there and ask if they can provide you the number.

Continuing on, when the subpoena clerk picks up, pretend that you are a lawyer with the law firm [some law firm]. If I remember right, I read something in your LJ about you formerly working with a law firm. The skills you acquired there should help you in this matter. Claim that you need to know the dates for which the officer who wrote you the citation would NOT be available. Now, usually this is an odd request, since most of the time lawyers are looking to see if an officer is available on a specific date. Just pitch it off with something like "I have a lot of people in my case who need to be subpoenaed (sp?) and I'm collecting schedules to see when everyone would be available." Make sure you ask for a date range within the court date written on the citation. It's a strange request, but the officer at the other end should have no reason to doubt your motive. You're a lawyer after all ;-)

Get the dates he (the issuing officer) is not available. Then, call up the court house where your trial will be held. Ask for an arraignment. Hardly anybody asks for arraignments on traffic tickets, but you are well within your rights to have one. Show up the day of the arraignment and request that the judge move your court date to one within the dates the officer is not available (state something to the matter that you will be out of the country on business the week of your scheduled trial). The judge should (hopefully) look favorable upon you, as you made an effort to attend an arraignment, to present the "problem" to the judge, and that you respectfully requested the date be moved so that you may attend the hearing against you.

If the judge moves the date of the trial to a day the officer is not available (such reasons might be training, which takes precedence over traffic court, or vacation, and in a traffic violation, it's doubtful the officer will reschedule he long sought-after vacation to be able to attend your newly scheduled date), simply show up to the court, and (assuming New York is like Virginia) if the officer who wrote the citation is not present at your trial, the charges are dropped and you are free to go.

Slick, eh? Like I said, give it a shot, but don't complain if it doesn't work.

G'luck! :-)

_MaH

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