Criminal Justice
Cop Issues Mayor Duplicate Ticket After Judge Nixes First
Posted Oct 22, 2008 2:38 PM CST
By Molly McDonough
Apparently unhappy that the mayor of village in New York's Lower Hudson Valley was able to get a traffic ticket dismissed, the police officer rang the mayor's doorbell and issued a duplicate.
The traffic saga for Mamaroneck Mayor Kathleen Savolt began in March, when police officer Michael Petrillo ticketed her for talking on a cell phone while driving.
Savolt challenged the ticket, using an exception to the law.
"I was going to pay the ticket, but I was advised by the people here in the village that as I was an official, there was a clause in the law that said if there was an emergency or if I thought there was an emergency, I could use the phone," Savolt told the Journal News.
The ticket was ultimately dismissed on Sept. 15 in a town court proceeding. But that night, according to the paper, Petrillo showed up at Savolt's home and issued her a new ticket for the same offense.
"He said to me, 'I think the ticket was unfairly dismissed, so I'm issuing a duplicate ticket,'" Savolt said. "So then, once I was issued a second ticket, clearly in some people's minds, it's not a legal ticket, because the case had been closed."
Still, the second ticket is winding its way through the system, and Savolt says it could take another six months to resolve.
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Comments
Roger
Oct 23, 2008 7:36 AM CST
While I agree that the second ticket was improper I don’t think the Mayor properly used the loophole. The loophole isn’t as broad as all that. Was the Mayor aware that there was an emergency regarding that call? Had she just picked up the call, where it could have been an emergency, or was it a continuing routine call where she was aware that it wasn’t an emergency? If the latter, once she realized it was not an emergency she should have terminated the call, or just suck it up and pay the ticket.
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Pete Wanger
Oct 23, 2008 11:37 AM CST
The police officer cannot second guess the judicial system. The court should summarily dismiss the second ticket on double jeopardy grounds or on the principle that a collateral attack cannot be made on judgments.
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wagthedog
Oct 23, 2008 4:38 PM CST
As a 50 year resident here and non-attorney, Savolt has the audacity to accept this ‘pass’ with the aid of Chief Admin Judge Nicolai, who, thank God, will be gone by year end. The flood of last year an emergency status existed for such an event to be permitted; not a vanity call because it ‘just rang.’ This is a Mayor mind you, setting an example of ???
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