Speeding ticket in NY State
06-14-2007, 08:53 AM
#31
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You are right Chuck , I asked if the typo would get me off, and you and a few guys have answered that, and what to expect in court, the other unsolicited comments are to be expected I guess..
06-14-2007, 02:36 PM
#32
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quite a few years ago i got a speeding ticket and the officer put the wrong date of offense,that is he postdated the ticket. i went to the court clerk the next day, they dismissed on the spot because the date had not yet arrived. i counted myself as very lucky.
plead not guilty. ask for adjournments, drag it out as long as you can, the longer it takes the more likely that when the court date arrives, the officer may not show up . case dismissed.
best of luck to you.
plead not guilty. ask for adjournments, drag it out as long as you can, the longer it takes the more likely that when the court date arrives, the officer may not show up . case dismissed.
best of luck to you.
06-14-2007, 03:01 PM
#33
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Without getting into the right vs wrong argument... (I can only be a d!ck once a month, right?) 
In MA, they have a representative trooper that will appear, rather than the actual issuing trooper. So, they consider any old State Trooper a viable replacement for the issuing State Trooper, because they'll have his notes. Of course, you go before a Magistrate instead of a Judge also...
The only ticket I contested was one for 75mph, and my speedo was 10mph off (and I didn't know it). The other party in our caravan of 2 cars was found guilty, because her reasoning was that she didn't want to get lost & miss the turn-off. Mine was dismissed after showing a receipt for repair to the magistrate. Cost me under $20 in court costs IIRC, a day off of work, and gas to get to western MA from RI & back. So even being "right", cost me ~$150-$200.
In MA, they have a representative trooper that will appear, rather than the actual issuing trooper. So, they consider any old State Trooper a viable replacement for the issuing State Trooper, because they'll have his notes. Of course, you go before a Magistrate instead of a Judge also...
The only ticket I contested was one for 75mph, and my speedo was 10mph off (and I didn't know it). The other party in our caravan of 2 cars was found guilty, because her reasoning was that she didn't want to get lost & miss the turn-off. Mine was dismissed after showing a receipt for repair to the magistrate. Cost me under $20 in court costs IIRC, a day off of work, and gas to get to western MA from RI & back. So even being "right", cost me ~$150-$200.
06-14-2007, 05:13 PM
#34
Three Wheelin'
Hi,
I AM a practicing atty in NY, and I do this type of law for a living. Even if your case is dismissed for a technicality, and I don't believe it will be, the trooper will not be happy and issue you another ticket to on the spot. So, with that, I think the Client ID issue will eventually fail. Basically, the trooper just needs to prove that you were the driver and prove the accused offense. His notes will refresh any issue there might be. However, your goal here is not have an actual trial....because you WILL LOSE.
Another poster is correct here....while there are no other states where points will transfer into NY for an out of new york offense, NY does indeed have reciprocity with Ontario and Quebec. Believe it or not. Anyhow, if a state trooper issued you the ticket, there is a new law in NY that prevents troopers from conducting plea bargains on their own behalf, which has been the custom in NY for eons. There are many reasons why this new law was passed, but I won't go into that. Some groups are trying to repeal it, there is a bill sitting on Spitzer's desk doing just that, but it has yet to be signed. The current result has been nothing short of a disaster in many courts. Driver's have nothing to lose if they force a trial, which can be time consuming.....some courts have hundreds of tickets scheduled in the same night.
Soooo, if there is no assigned prosecutor (either the D.A. or town attorney), and you go to court, this ticket WILL be prosecuted, unless of course the trooper fails to show, in which case, the judge has the discretion to dismiss the matter. I wouldn't count on that....I've seen judges adjourn cases over and over when a trooper skips on court.....awful for the driver. In rare instances, there are some judges that offer reductions from the bench, even though the troopers express their objections. Realistically, most troopers want to be able to offer reductions again, but their hands are tied.
The plus side to retaining an attorney is that you will not have to personally appear in the court, the atty can appear on your behalf with a Waiver of your appearance. Sometimes, the cost associated with retaining counsel is worth that alone for some. If you want help locating a competent atty in that area, PM me and I'd be happy to make some calls.
Best of luck.
Jon
I AM a practicing atty in NY, and I do this type of law for a living. Even if your case is dismissed for a technicality, and I don't believe it will be, the trooper will not be happy and issue you another ticket to on the spot. So, with that, I think the Client ID issue will eventually fail. Basically, the trooper just needs to prove that you were the driver and prove the accused offense. His notes will refresh any issue there might be. However, your goal here is not have an actual trial....because you WILL LOSE.
Another poster is correct here....while there are no other states where points will transfer into NY for an out of new york offense, NY does indeed have reciprocity with Ontario and Quebec. Believe it or not. Anyhow, if a state trooper issued you the ticket, there is a new law in NY that prevents troopers from conducting plea bargains on their own behalf, which has been the custom in NY for eons. There are many reasons why this new law was passed, but I won't go into that. Some groups are trying to repeal it, there is a bill sitting on Spitzer's desk doing just that, but it has yet to be signed. The current result has been nothing short of a disaster in many courts. Driver's have nothing to lose if they force a trial, which can be time consuming.....some courts have hundreds of tickets scheduled in the same night.
Soooo, if there is no assigned prosecutor (either the D.A. or town attorney), and you go to court, this ticket WILL be prosecuted, unless of course the trooper fails to show, in which case, the judge has the discretion to dismiss the matter. I wouldn't count on that....I've seen judges adjourn cases over and over when a trooper skips on court.....awful for the driver. In rare instances, there are some judges that offer reductions from the bench, even though the troopers express their objections. Realistically, most troopers want to be able to offer reductions again, but their hands are tied.
The plus side to retaining an attorney is that you will not have to personally appear in the court, the atty can appear on your behalf with a Waiver of your appearance. Sometimes, the cost associated with retaining counsel is worth that alone for some. If you want help locating a competent atty in that area, PM me and I'd be happy to make some calls.
Best of luck.
Jon
06-14-2007, 06:00 PM
#35
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In San Diego County (I've been told by numerous people over the years), if you plead "not guilty" a court date is set for you to appear before a judge or a jury, at which time (usually) you're either acquitted or found guilty. IF the officer who issued the ticket doesn't show up in court (I don't believe he's obliged by law to appear) the case is dropped then and there. If the court date is on the officer's day off, chances are he won't show since he won't be paid to appear. If one can learn what days the officer has off and are successful in getting continuances until the court date falls on a day the officer is off, so much the better.
Dunno if the same is true in N.Y.
Dunno for sure if it's even true in San Diego County
Of course, if you know that you are guilty, this IS wasteing taxpayer money.
Good luck!
Dunno if the same is true in N.Y.
Dunno for sure if it's even true in San Diego County
Of course, if you know that you are guilty, this IS wasteing taxpayer money.
Good luck!
06-14-2007, 07:05 PM
#39
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good luck with that stuff. Here in "granola-crunchy" Boulder Colorado, I lost my license doing 40Mph in a 70. Don't think the cop liked the idea of me going that fast down a hill. I say bah. There was no one around except him! But I got slapped for 8pts Wreckless driving. (A major "crime" here). I ended up serving community service at the local animal shelter for my entire spring break. License revoked and on a "red" license. It literally is red, and restricts you to driving between certain hours that are documented and always on you. Pain in the...
I didn't fight the ticket, but instead was polite to the judge and explained myself. I took responsibility for my actions and was there to make up for it, the DA handed me a deferred sentence! I got community service over jail time, and was on "probation" (if you want to call it that) for 2 weeks. I didn't have to check in with a Parole Officer once. Then again that was when I was a juvenile. I don't think it works with being older.
There was one other incident involving gravel, a bicyclist, and my bad judgment. that was potentially worse than the above one, but I only got a 4 point ticket for "driving too fast for conditions." knocked down (once again for honesty) and I got to do the "alive at 25" program, and on probation for a week. This was all before the above one.
All other tickets were moving violations in traffic payable by mail, and only costing me about 2 points a pop. I'm just sad that I didn't have a single incident or ticket for about 6 years, until I first got my Porsche. Blah... Life is a lesson, learn it I guess.
Hope all turns out well for you Ice. let me know how it goes.
I didn't fight the ticket, but instead was polite to the judge and explained myself. I took responsibility for my actions and was there to make up for it, the DA handed me a deferred sentence! I got community service over jail time, and was on "probation" (if you want to call it that) for 2 weeks. I didn't have to check in with a Parole Officer once. Then again that was when I was a juvenile. I don't think it works with being older.
There was one other incident involving gravel, a bicyclist, and my bad judgment. that was potentially worse than the above one, but I only got a 4 point ticket for "driving too fast for conditions." knocked down (once again for honesty) and I got to do the "alive at 25" program, and on probation for a week. This was all before the above one.
All other tickets were moving violations in traffic payable by mail, and only costing me about 2 points a pop. I'm just sad that I didn't have a single incident or ticket for about 6 years, until I first got my Porsche. Blah... Life is a lesson, learn it I guess.
Hope all turns out well for you Ice. let me know how it goes.
06-14-2007, 07:19 PM
#40
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Thread Starter
I don't want to do to much talking about the incident until all is squared away, but thanks for the good wishes guys and I will update when it is settled, The oworst thin g that can happen now is for me to go to court, I have to try and lay low ...
06-14-2007, 07:33 PM
#41
Three Wheelin'
Originally Posted by JBRipps
Hi,
I AM a practicing atty in NY, and I do this type of law for a living. Even if your case is dismissed for a technicality, and I don't believe it will be, the trooper will not be happy and issue you another ticket to on the spot. So, with that, I think the Client ID issue will eventually fail. Basically, the trooper just needs to prove that you were the driver and prove the accused offense. His notes will refresh any issue there might be. However, your goal here is not have an actual trial....because you WILL LOSE.
Another poster is correct here....while there are no other states where points will transfer into NY for an out of new york offense, NY does indeed have reciprocity with Ontario and Quebec. Believe it or not. Anyhow, if a state trooper issued you the ticket, there is a new law in NY that prevents troopers from conducting plea bargains on their own behalf, which has been the custom in NY for eons. There are many reasons why this new law was passed, but I won't go into that. Some groups are trying to repeal it, there is a bill sitting on Spitzer's desk doing just that, but it has yet to be signed. The current result has been nothing short of a disaster in many courts. Driver's have nothing to lose if they force a trial, which can be time consuming.....some courts have hundreds of tickets scheduled in the same night.
Soooo, if there is no assigned prosecutor (either the D.A. or town attorney), and you go to court, this ticket WILL be prosecuted, unless of course the trooper fails to show, in which case, the judge has the discretion to dismiss the matter. I wouldn't count on that....I've seen judges adjourn cases over and over when a trooper skips on court.....awful for the driver. In rare instances, there are some judges that offer reductions from the bench, even though the troopers express their objections. Realistically, most troopers want to be able to offer reductions again, but their hands are tied.
The plus side to retaining an attorney is that you will not have to personally appear in the court, the atty can appear on your behalf with a Waiver of your appearance. Sometimes, the cost associated with retaining counsel is worth that alone for some. If you want help locating a competent atty in that area, PM me and I'd be happy to make some calls.
Best of luck.
Jon
I AM a practicing atty in NY, and I do this type of law for a living. Even if your case is dismissed for a technicality, and I don't believe it will be, the trooper will not be happy and issue you another ticket to on the spot. So, with that, I think the Client ID issue will eventually fail. Basically, the trooper just needs to prove that you were the driver and prove the accused offense. His notes will refresh any issue there might be. However, your goal here is not have an actual trial....because you WILL LOSE.
Another poster is correct here....while there are no other states where points will transfer into NY for an out of new york offense, NY does indeed have reciprocity with Ontario and Quebec. Believe it or not. Anyhow, if a state trooper issued you the ticket, there is a new law in NY that prevents troopers from conducting plea bargains on their own behalf, which has been the custom in NY for eons. There are many reasons why this new law was passed, but I won't go into that. Some groups are trying to repeal it, there is a bill sitting on Spitzer's desk doing just that, but it has yet to be signed. The current result has been nothing short of a disaster in many courts. Driver's have nothing to lose if they force a trial, which can be time consuming.....some courts have hundreds of tickets scheduled in the same night.
Soooo, if there is no assigned prosecutor (either the D.A. or town attorney), and you go to court, this ticket WILL be prosecuted, unless of course the trooper fails to show, in which case, the judge has the discretion to dismiss the matter. I wouldn't count on that....I've seen judges adjourn cases over and over when a trooper skips on court.....awful for the driver. In rare instances, there are some judges that offer reductions from the bench, even though the troopers express their objections. Realistically, most troopers want to be able to offer reductions again, but their hands are tied.
The plus side to retaining an attorney is that you will not have to personally appear in the court, the atty can appear on your behalf with a Waiver of your appearance. Sometimes, the cost associated with retaining counsel is worth that alone for some. If you want help locating a competent atty in that area, PM me and I'd be happy to make some calls.
Best of luck.
Jon
06-22-2007, 10:56 AM
#42
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I strongly suggest you call Casey Raskob at 914-271-5383. He has helped with some extreme tickets in the NYS "road tax" ticket racket. He is very experienced and able to communicate with the police and courts. Traffic/Speeding tickets are his only business.
06-22-2007, 12:43 PM
#43
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My wife just got a ticket for an accident. She contacted a lawyer and he said she could go to court and fight it ($400) or he could go for her and ask for it to be adjudicated ($100). He said he is about 95% on the later. Bad thing is the wife just finished driving school like 3 days earlier, so that wasnt an option!!
I got a ticket in NC for running a red light in Kinston (the sticks). I went to court and the DA wanted to know why I came (insurance reasons) and he said "I'll help you out" so when my turn came - the DA offered a 1-9 speeding and I pleaded guilty. The judge yelled at me to slow down - I paid and went on my merry way. I still laugh about that today!
I got a ticket in NC for running a red light in Kinston (the sticks). I went to court and the DA wanted to know why I came (insurance reasons) and he said "I'll help you out" so when my turn came - the DA offered a 1-9 speeding and I pleaded guilty. The judge yelled at me to slow down - I paid and went on my merry way. I still laugh about that today!
06-22-2007, 05:56 PM
#44
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Thread Starter
Unfortunately my plac does no have a DA , just a Judge , a cop and me .... I don't like my chances ... still have heard nothing after sending in my paperwork.
Maybe the Judge is a closet rennlister and decided to help me out :-)
Maybe the Judge is a closet rennlister and decided to help me out :-)
06-22-2007, 10:37 PM
#45
Three Wheelin'
Hi,
Some courts take eons to set matters down for a "trial". There was a court in Westchester that was notorious for setting trials up to 4 years after I would send in my notice of appearance....ridiculous and totally dismissable. Anyhow, please pm with your ticket info.....court, ticket number, full name and d.o.b. and the court's number if you have it. I'll make a few calls next week.
Best,
J
Some courts take eons to set matters down for a "trial". There was a court in Westchester that was notorious for setting trials up to 4 years after I would send in my notice of appearance....ridiculous and totally dismissable. Anyhow, please pm with your ticket info.....court, ticket number, full name and d.o.b. and the court's number if you have it. I'll make a few calls next week.
Best,
J