Mamaroneck Village Mayor Fighting Cell Phone Ticket

[RWC130 594]

Mamaroneck village mayor fighting duplicate traffic ticket

By Christine Pizzuti • The Journal News • October 22, 2008

MAMARONECK - The village mayor is fighting a duplicate traffic ticket issued to her by a village police officer after a judge dismissed his first ticket.

The matter began in March, when Officer Michael Petrillo issued her a ticket charging her with talking on her cell phone while driving, Mayor Kathleen Savolt said yesterday.Savolt said she was driving on Palmer Avenue near Mount Pleasant Avenue at the time, where there was no place to pull over. She said the incoming call on her official village cell phone was from her deputy mayor, who was supposed to be traveling to Indiana. It was the day before Easter, Savolt said.

http://www.lohud.com/article/20081022/NEWS02/810220413/1018

NYS VTL 1225-c

http://www.nysgtsc.state.ny.us/phon-vt.htm

3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b ) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter, or ( c), the use of a hands-free mobile telephone.

I don't see a section for Mayor!

Was the Mayor in a Official Vehicle?

Police Officers what do you think?

Professional Courtesy?

Writing the Mayor a Ticket? HMMM

[jack10562 414]

The cop came to her house and issued her another ticket?

WOW, who did she piss off, big-time ????

[TRUCK6018 50]

Regardless on if she was right or wrong isn't there a law that you can't be tried twice for the same crime? The Double Jeopardy clause of the Fifth Amendment to be exact?

I admit I am not a lawyer and could be wrong but the Supreme Court decision of Ashe vs. Swenson upheld "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit."

[ace84 100]

Regardless on if she was right or wrong isn't there a law that you can't be tried twice for the same crime? The Double Jeopardy clause of the Fifth Amendment to be exact?

I admit I am not a lawyer and could be wrong but the Supreme Court decision of Ashe vs. Swenson upheld "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit."

its not a crime........ its a violation!

[INIT915 1,119]

Regardless on if she was right or wrong isn't there a law that you can't be tried twice for the same crime? The Double Jeopardy clause of the Fifth Amendment to be exact?

I admit I am not a lawyer and could be wrong but the Supreme Court decision of Ashe vs. Swenson upheld "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit."

Well, a few points. In New York State, a "crime" is a Misdemeanor of Felony. Infractions and Violations are not crimes. And, without knowing the specifics of this incident, Double Jeopardy may not have attached depending on how the ticket was dismissed. If the matter went to trial, and the Mayor was aquitted, Double Jeopardy would attach. If the matter was dismissed on a technicality, prior to Trial or any adjudication, the Officer can file a Long-Form Information recharging the motorist, in this case the Mayor. It doesn't happen often, I have done it maybe two or three times ever. Generally reserved for rare cases.

Without knowing more of the specifics, it's difficult to know what's going on with this case.

[Just a guy 493]

I say good for the cop, stand tall brother, these smal town part time justices know the law just as much as a westchester community college student does, not too much.... there is no public official clause in the VTL... if you get a ticket as mayor, pay it, admit that you were wrong... badmouthing the PD will only get you a higher crime rate and an unhappy population