Traffic Ticket (Full Version)

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divi -> Traffic Ticket (9/18/2007 2:10:33 PM)

To Fight or Not to Fight that is my Question.  I recently got a speeding ticket.  I was clocked in at 78 in a 55.  In NY this is a 6 point violation. On my license I already have 3 points for a previous ticket.  Usually I drive the speed limit not sure what happened lol....I will for now on obeys the rules of the road..   I spoke to my lawyer who told me he has a 50-50 chance of winning.  Nice I thought !  Also told me how much my insurance is going to go up.   Thing is I could have him go fight for me pay him a couple of hundred.  Or should I go myself and face the judge?  Anyone ever deal with this?? HELP!




SeeksOnlyOne -> RE: Traffic Ticket (9/18/2007 2:12:28 PM)

yet one more reason i set my cruise control at 9 mph over the limit on highways and cruise......





divi -> RE: Traffic Ticket (9/18/2007 2:15:58 PM)

mercnbeth!  YaY.. maybe you can help lol




HaveRopeWillBind -> RE: Traffic Ticket (9/18/2007 2:24:49 PM)

Divi,
Lawyer up and pray she/he does a good job or you could easily lose your license. Most states allow a judge discretion to take your license any time you are more than 15 over the legal limit. Since you had prior points you need to try to get out of it. Then, please slow down, the rest of us want to get home alive too.




Mercnbeth -> RE: Traffic Ticket (9/18/2007 3:03:16 PM)

quote:

ORIGINAL: divi

mercnbeth!  YaY.. maybe you can help lol

divi -
Wow - That's PRESSURE!

There are many unknown variables but I'll try. 

By the time you get to talk to the Judge its too late. Trust me - he's only there to bang the gavel and rarely, if ever, goes against the Prosecutor and/or Police Officer. Unfortunately crying to him won't help; but there are others where tears may generate sympathy.

You have a better chance if it was a local jurisdiction versus a State trooper. Local municipalities care more about the money than the insurance point aspect. My guess is that your lawyer's "50/50" is contingent if he can get the violation amended from speeding to some other violation which doesn't result in points. It's relatively easy and quite the scam in NJ, but I don't have the same knowledge base for the Empire State. Under any other circumstances this would be called "extortion"; however in this case - its government sanctioned.

Keep in mind, it will most likely be a bigger fine than you would have paid for the ticket, and if you don't pursue it yourself you'll have to add your attorney's cost. Doing it for yourself involves calling, or better yet, going to the courthouse and talking to the Prosecutor. You can also do the same first with the police officer and he/she will set your path or talk to the Prosecutor himself. Say the truth and be apologetic and polite. (You don't have to mean it!) You are sorry about speeding, your mind was wondering, you were late to work, you were late to pick up kids (even if you don't have any), you were staying paced with traffic, whatever... Tell them you want to pay your obligation but want to do whatever you can NOT to pay a double penalty of increased insurance premiums for the next, what is it in NY - 3 years(?) while this is on your record. They aren't any big fans of the insurance industry either and you may find a sympathetic ear.

If you don't, you have some options. The number one is - delay. Whatever date you're ticket says - you can't be there. The first time is free - the 2nd may require a Doctor's excuse. Call and postpone the date as far out as possible, then a day before that date - call again and try and get it extended again. If that doesn't work, show up on the day of court and say you decided to get an attorney and the one you are considering can't be there that day - that usually works.

Don't plead guilty and mail in the form. Indicate you intend to plead not guilty and the police officer is required to be there. The delay means he has to come back. Usually these guys have fixed days for court, but you may get lucky and he can't be there for one of the days. That's why its a good idea to talk to him/her; when you get to court you'll be able to determine if he/she is there.

Its going to take time and effort, or if you go the attorney route - $$$$

I'm fairly confident that all the attorney will do is what I said or whatever is similar in NY. How did you find the attorney? The best one to get is one familiar with whatever jurisdiction you were speeding. Again, that visit to the courthouse is a good source to pick up a few fliers put out by some 'ambulance chaser', or talk to one working the hallways. Sometimes these people are ex-prosecutors, or their relatives. The clerk who sets the court dates/time is also a good source to find an "effective" lawyer.

If you do get a lawyer at some point ask him directly and specifically what he will attempt to do. If you've tried or done that already don't bother paying him unless he's somehow a 'friend' of the court.

Is there a 'traffic school' option? In CA you can have points reduced or deleted by attending school. They have 'Comedy Traffic School' out here and you can even take the 'course' on-line. How do I know this? A couple of years ago - beth went to 'school'.

Unfortunately there is no sure method. Against you is the fact you already had 3 points. Depending on when and why you got those may impact doing something this time.


Good luck!

&

SLOW DOWN! Keep this in mind. If you were on a 30 mile trip, going 78 versus 55 "saved" you 9 1/2 minutes. My guess is, conservatively, you could have been doing 60 and not gotten a ticket and that same 30 mile trip would have only been 7 minutes longer. Just something to think about that next time.

Now if you were finally ready to leave the ravages of NY and travel the 3000 miles to the west coast - Put the pedal to the metal and pick up all the time you can!




BossyShoeBitch -> RE: Traffic Ticket (9/18/2007 4:58:43 PM)

Divi, Divi, Divi.....

First off, Merc is absolutely right.  Delay, delay, delay... Look at this website: http://www.ungerandkowitt.com/index.html
There are many, many firms here in Florida that exclusively deal with traffic tickets.  I paid $169 last year.. No points, no school.. They made it gone...
I sent them an email to see if they know of any comparable firm in NY that does the same thing..
Also, you should do a google search for traffic ticket defense in your area.. The lawyer you hired sounds like he could do you no good but empty your wallet..
Good luck..




Owner59 -> RE: Traffic Ticket (9/18/2007 5:14:19 PM)

  You`re fucked. Lawyer up and pray.

The prosecutor has all the discretion.Have the lawyer contact him/her,and see what can be done,before the trail.

Be ready for a major bum-out, trial day.

Good luck and slow down.






domiguy -> RE: Traffic Ticket (9/18/2007 5:28:28 PM)

doh.




ChicagoSwitchMal -> RE: Traffic Ticket (9/18/2007 5:39:53 PM)

Go into court with a repair receipt. Whatever cable or sensor responsible for your speedometer should be replaced. This is not a guarentee you'll get off but it has worked for me. It looks like you honestly didn't know you were speeding and took the effort to find out why you were. Oh my, the sensors bad! It may be as expensive as the ticket to replace but if it keeps the ticket off you record it might be worth it.




Termyn8or -> RE: Traffic Ticket (9/18/2007 5:51:08 PM)

If it's a local jurisdiction the prosecutor's office number should be in the phone book. You sped you are going to pay, but you want it reduced to a two point or no pouint violation. This will probably affect your insurance as well.

The judge does not want to hear it, the way you puyt it is "I know I wasn't going that fast, and I won't plead without a deal, otherwise we will have a team of MASA researchers and and three neurosurgeons round the clock". Something like that. All you can offer them is to save them time, give them their money and GTFO. In exchange, take the two pointer.

Otherwise you go to court. Things like this are the only leverage a licensed driver has. In Ohio, had you been doing 40 in a 25 I know another trick, but that does not apply here. I'll mention it real quick, see if you can make it apply. If you are busted in Ohio for 40 in a 25, you can actually challenge the speed limit. You subpeona the actual traffic survey and the conclusions that made it a 25 MPH zone. Most cities do not have it, as they have arbitrarily set the speed limit. By doing this you are accusing them of using a speed trap. You alledge that as a safe and responsible driver, under Ohio law, you saw that this area should be a 35 MPH limit. When a city lowers it from the state norm for calculating these limits, it needs to have that survey. If not, case dismissed.

I dunno if you can apply any of this to your situation, I am not familiar with the laws up there so I simply do not know. But if any locality lowers a speed limit, it can usually be challenged. At 78 in a 55, if the limit should've been 65, you got something. If it is in the city, especially near downtown, you are fucked.

Perhaps you should take your licks and slow down. You might have to. I was never one to support cops out there acting like Gestapo, but people really do need to learn how to drive. Judge thyself, were you going too fast ? In heavy traffic this is not proper. I only lay the hammer down in sparse or no traffic. Speed doesn't scare me, I found a passing gear at 105 MPH once, but I was the only one on that road. I know it for sure. The freeway had not yet opened (I 90 west side of Cleveland).

It was appropriate then, the odds of hurting anyone were incalculably thin. In traffic, a whole different set of rules apply.

Caveat.

T




divi -> RE: Traffic Ticket (9/18/2007 6:04:50 PM)

Not that it matters much.  But I was driving in the sticks.  I was the only car so yes I got a lil crazy.  Thank you so much for the advice...BSB welcome back and thanks & and Merc thanks so much for the advice and the time you took for giving me it. Will research it further.   Happy Anniversary ..again. 
I will slow down..so don't want to go through this hassel again.  




YourhandMyAss -> RE: Traffic Ticket (9/18/2007 6:17:16 PM)

you need to pay more attention when you're driving. Just last thread, you were pulled over for speeding, and wanted to know if you could get out of it cause he wrote the wrong car make, on your ticket now again you've been caught speeding again.
quote:

ORIGINAL: divi

To Fight or Not to Fight that is my Question.  I recently got a speeding ticket.  I was clocked in at 78 in a 55. 




divi -> RE: Traffic Ticket (9/18/2007 6:32:38 PM)

lol.. myass.  Just like I need to pay attention to driving, you need to pay attention to the posts.  Never did I say he wrote the wrong car make .  But thank you for your advice




YourhandMyAss -> RE: Traffic Ticket (9/18/2007 6:45:52 PM)

well you wanted out of it, just like you want out of this one lol.




ChicagoSwitchMal -> RE: Traffic Ticket (9/18/2007 6:49:05 PM)

"repair" the car... I'm telling you it works [;)]




sappatoti -> RE: Traffic Ticket (9/18/2007 7:19:11 PM)


quote:

ORIGINAL: YourhandMyAss

you need to pay more attention when you're driving. Just last thread, you were pulled over for speeding, and wanted to know if you could get out of it cause he wrote the wrong car make, on your ticket now again you've been caught speeding again.
quote:

ORIGINAL: divi

To Fight or Not to Fight that is my Question.  I recently got a speeding ticket.  I was clocked in at 78 in a 55. 



I'm curious as to what this "last thread" is that you're referring us to. If you've got a link that you could post for all of us to use, that would be great, because I see nothing in this thread that indicates that the OP stated that the ticket was mis-written with the auto's make.

Thank you.




divi -> RE: Traffic Ticket (9/18/2007 7:24:12 PM)

lol true sap..I'm gonna be like OJ and beat it




sappatoti -> RE: Traffic Ticket (9/18/2007 7:24:38 PM)


quote:

ORIGINAL: YourhandMyAss

well you wanted out of it, just like you want out of this one lol.


Again, a link to the thread and/or specific post you are referring to would be appreciated.

For future reference, it is usually customary in forum postings that, if you are using another post or a thread as basis of your facts, you include a link or some other concrete description that will take us to your source material.




YourhandMyAss -> RE: Traffic Ticket (9/18/2007 7:27:51 PM)

Sappa she was caught in a trafic trap and said the officer wrote the wrong thing on her ticket, now I used the wrong word it wasn't the make of the car.




divi -> RE: Traffic Ticket (9/18/2007 7:34:38 PM)

re reads my posts over and over..still don't see me saying a cop wrote me anything but a ticket.. rubs my eyes and then shakes my head




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