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YOUR RESEARCHspeeding ticket, need advice
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Use ..call it tough love
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I am not telling him about the plea bargain technique I have used..call it tough love but he has to learn a lesson.
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This has worked for me the 2X I have gotten tickets over the last 10 years.
Hey guys: I posted on the TT board, but thought to do so here too. Got ticketted last night on the Saw Mill River Pky (fun road to drive here in NY). I was going about 75 and cop paced me-- it was night time and my V1 was silent, so I thought I was fine. I didn't notive the cop car behind me. (I had actually slowed down from about 80). I was extremely polite to the cop, who, in turn, found it in her heart (yes, a woman) to give me a ticket for going 65. It's a 50 mph zone, so I'm 15 mph over the limit, which 'aint good but it could've been a lot worse.
Will this cost me points (65 in a 50 zone)? If so, should I fight it, i.e., call a local lawyer and have him do his thing? I actually would feel a bit guilty fighting it given that the cop gave me a nice gift already. But not that guilty-- I really want to avoid points.
I haven't gotten a ticket in a long time, so any advice is appreciated. thanks GBG
In Misssouri (where I am) any moving violation 5 mph or more over the limit gets you points. I tell all my clients to get ANY moving violation (even nonpoint) reduced to a non-moving, so it doesn't show up on their driving record. That way your insurance company doesn't see it. The fine plus lawyer cost will be higher than the face amount on the ticket, but it's worth it for two reasons.
1. The insurance company doesn't see it so no risk of increased premium.
2. If you get another ticket in an area where the prosecuter is not "fixing friendly", you won't be stuck with two moving violations.
ALWAY SHOW UP FOR THE COURT DATE...The chances are that if your record is otherwise clean you will be offered a lesser penalty (ie bigger fine with no points) by one of the ADAs without even having to say a word.
If you don't show up you just get the points and the fine so you have nothing to lose.
This has worked for me the 2X I have gotten tickets over the last 10 years.
Just don't let it happen again in the next couple of years or you will start to appear on the actuarial table the insurance companies use and then you'll be in trouble.
Good luck,
Jeff
Plead not guilty, go to court, speak to the office before you get called (maybe she doesn't show), and ask her if she would reduce the ticket to 59. 1-10MPH over the speed limit is 3 points, no big deal. 15MPH over is 6 points still not that bad, but 11 points and your license is suspended so you'll have no room for error.
Do not bother getting a lawyer, especially since you have zero points on your license now.
Worst thing the officer could do is say "hey I gave you a break on the speed already and that's the best I could do". Either way it's not that bad.
I don't know what the laws are in NY but I have heard that in some parts of the country 15 mph over the llimit is considered reckless driving. I have also heard that in some states that if you are over 15mph the officer doesn't have any leeway.....it's an automatic reckless driving ticket. Not something I would want! Anyone know whether this is true?
In GA, 20+ over the limit is wreckless. I got a ticket for 42 over the limit, but didn't get charged with wreckless (thank goodness for small rural counties).
Show up for court and settle for a plea bargain, this may be a higher costing fine however, not points on your DL. This also prevents your insurance from increasing in premium.
You will have an opportunity to speak to the prosecutor where you can agree to pleading guilty to a different summons (plea bargain). I try to show up alittle earlier to find out the prosecutors name so when I speak to him I can address him by Mr. XYZ.
I don't think you will like my reply, but you were guilty and you got caught, pay the fine and just be careful for the next while until it comes off your record.Unless you will loose your driving privlidge i wouldn't fight it, or you have that kind of time to waste in a court.I am not sure how things are there but I know here you could be sitting in the courthouse ALL day, I cannot afford the time, I would much rather pay a $1000.00 fine then loose that kind of time. Here the police are paid to go to court so they always show.She gave you a break already take it and run. Great advise from everyone here but wouldn't work for me, again it may or may not be a time thing for you.
couple things to add to everything already posted...
these days, some insurance companies like geico actually factor no-point moving violations into their rates. The plead down to fewer or no points is mandatory, so make sure u do it. They'll ask everyone who wants to plead to start a line to meet with the prosecutor, when its your turn, you'll have about 30 seconds of face time. They see speeders all the time, so unless you have a compelling story or have a local lawyer who's tight with the prosecutor, you'll get the standard plea deal. In most cases, half the points, possible switch to careless driving which normally carries less penalty than 11+ speeding.
also, an officer doesnt have to be present in court for speeding violations. Their radars and speedos are calibrated and certified by the state every few months so their written statement in absence will suffice.
The knockdown to a lower speeding bracket is a normal tactic to make u feel exactly how u feel now...like u got a lucky break and in turn you'd just pay it and move on. A real gift wouldve been a verbal warning.
1.)Plead not guilty do not ask for deposition
2.)When you recieve your new court date after a few weeks try and change
to a new date due to you being out of town.
This gives you a 30% chance of a no show by the officer.
When you show for court always talk into a non moving violation, broken speedometer/cracked rear light/ you don't want moving points on INS.
It all depends on the personality of the officer, each one is diffrent.
If no radar was used you have a Ace in your hand.
I have gotten out of 1/2 of my tickets in NY because of no shows.
Good Luck
My son who is a new driver just got his first speeding ticket. I am not telling him about the plea bargain technique I have used..call it tough love but he has to learn a lesson.
Try this link..good information
http://www.ticketassassin.com/
I never said I don't speed I too have a bike and I have seen 299 K many times. You break the limit you get caught you get a break on the ticket , and then you want to fight it in court? It's a waste of time. There is something you may or may not know on MOST tickets there is a code on the ticket that shows the courts that it has already been reduced, When that person go to court and the judge sees that code there is no Break..none. Its a waste of time.
I don't give a **** if I make you sick.too bad its not sick enough...
High horse my *** I just know better...
New York will give you 4 points for that ticket as it's currently written:
3 to 10 3pts
11 to 20 4pts
While it is certainly worth going to court and pleading for points leniency, I reccomend you plead guilty to the offense, pay the fine, and move on. Almost any insurance company waives the first speeding ticket from your record, and at the end of three years those points are washed away completely. It's extremely doubtful they'll give you zero points, and if they reduce it to 64 you get 3 points anyway.
abe,
wow, i thought my dad was tough on me!! not telling u how to do your job, but how about a lesson in how to maneuver through this beautiful judicial system of ours!?!? hahah! jk!