Going to Traffic Court. Advice needed.
09-20-2006, 02:54 PM
#1
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Thread Starter
Going to Traffic Court. Advice needed.
Hey guys,
So I am scheduled to appear in court next week for a speeding ticket I received on my way up to CT.
Here's what happened....
I was driving the 993 on the Taconic Pkwy, which is a two-laner. I'm on the left lane behind an A8. I notice that there is a trooper on the side and it appears that he has just finished giving someone else a ticket and is in the progress of pulling onto the parkway. Because I see him about to pull out I stay in the left lane. He is now in traffic on the right lane a few cars behind me. I'm still following the A8 on the left lane and going with the flow of traffic. I definitely did not think I was doing anything wrong or else I probably would of quickly pulled into the right lane in fear of guilt. We continue to drive for another mile or so and then the next thing I know the cop changes into the left lane behind me. I pull over the right with the intention of letting him pass, but instead he pulls up next to me and tells me to pull over. He pulls the A8 over as well. He asked me if I knew what the speed limit was and how fast do I think I was going. He said I was going 80. I told him I was no way going 80, esp. since I saw him just pull out after giving someone else a ticket and that I felt I was going with the flow of traffic. He then asks me how fast I think I was going and I replied 65 (55 is the limit), because I probably was not going 55, but was going with the flow at 65mph. Now...i rather get a ticket for going 65 in a 55 than at 80. He also asks me why I was driving on the left lane as it's only used to pass. I tell him I was trying to make it over to the right, but there were no opportunities. He said he saw a lot of openings for me to get into the right lane. He proceeds to give me a ticket for 80 in a 55.
The ticket states, 'Defendent was in left lane behind an Audi A8. 80 mph I was directly behind Porsche Carrera S'. It also substantially stated me saying 'I did not realize I was going that fast. I was going 65'. I was not hit with radar, but was paced. It's probably just a technicality, but he states that he was directly behind me, but in fact he was on the right lane a few cars back.
It's been a long time since I received a speeding ticket and this time I really don't think I deserve this. There is no way I would speed, esp. at 80mph knowing that a trooper is behind me!
Anyway, do you guys see any recourse for me or any loopholes in this testimony? I don't have a lawyer, do you think I should get one?
Any suggestions or advice appreciated. Thanks.
So I am scheduled to appear in court next week for a speeding ticket I received on my way up to CT.
Here's what happened....
I was driving the 993 on the Taconic Pkwy, which is a two-laner. I'm on the left lane behind an A8. I notice that there is a trooper on the side and it appears that he has just finished giving someone else a ticket and is in the progress of pulling onto the parkway. Because I see him about to pull out I stay in the left lane. He is now in traffic on the right lane a few cars behind me. I'm still following the A8 on the left lane and going with the flow of traffic. I definitely did not think I was doing anything wrong or else I probably would of quickly pulled into the right lane in fear of guilt. We continue to drive for another mile or so and then the next thing I know the cop changes into the left lane behind me. I pull over the right with the intention of letting him pass, but instead he pulls up next to me and tells me to pull over. He pulls the A8 over as well. He asked me if I knew what the speed limit was and how fast do I think I was going. He said I was going 80. I told him I was no way going 80, esp. since I saw him just pull out after giving someone else a ticket and that I felt I was going with the flow of traffic. He then asks me how fast I think I was going and I replied 65 (55 is the limit), because I probably was not going 55, but was going with the flow at 65mph. Now...i rather get a ticket for going 65 in a 55 than at 80. He also asks me why I was driving on the left lane as it's only used to pass. I tell him I was trying to make it over to the right, but there were no opportunities. He said he saw a lot of openings for me to get into the right lane. He proceeds to give me a ticket for 80 in a 55.
The ticket states, 'Defendent was in left lane behind an Audi A8. 80 mph I was directly behind Porsche Carrera S'. It also substantially stated me saying 'I did not realize I was going that fast. I was going 65'. I was not hit with radar, but was paced. It's probably just a technicality, but he states that he was directly behind me, but in fact he was on the right lane a few cars back.
It's been a long time since I received a speeding ticket and this time I really don't think I deserve this. There is no way I would speed, esp. at 80mph knowing that a trooper is behind me!
Anyway, do you guys see any recourse for me or any loopholes in this testimony? I don't have a lawyer, do you think I should get one?
Any suggestions or advice appreciated. Thanks.
09-20-2006, 03:13 PM
#2
Three Wheelin'
Aw phriggin' ***** Arrwin, THAT totally blows!
BTW, did he ALSO give the A8 guy a ticket or just pick on u? (did you hang around whilst he tagged the other guy?)
I have no doubt you were NOT doing 80 with a trooper on your tail. No-one is that crazy. Seems to me the guy was pissed at people going 'fast' and decided to just 'get' someone that day. You, my pal, just happened to be at the wrong place at the wrong time.
FWIW, if it were me, and I KNOW I wasn't doing 80, I would dispute the ticket. You may end up paying some $$$ but NOT getting points on your lic. If you do NOT do 'anything' about it ...you may end up getting both 'thru no fault of your own'.
My $0.02
G.
BTW, did he ALSO give the A8 guy a ticket or just pick on u? (did you hang around whilst he tagged the other guy?)
I have no doubt you were NOT doing 80 with a trooper on your tail. No-one is that crazy. Seems to me the guy was pissed at people going 'fast' and decided to just 'get' someone that day. You, my pal, just happened to be at the wrong place at the wrong time.
FWIW, if it were me, and I KNOW I wasn't doing 80, I would dispute the ticket. You may end up paying some $$$ but NOT getting points on your lic. If you do NOT do 'anything' about it ...you may end up getting both 'thru no fault of your own'.
My $0.02
G.
09-20-2006, 03:15 PM
#3
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First, I hardly comprehend the Massachsetts traffic laws never mind the NY laws.
I received a ticket recently. I followed the advice here and hired a lawyer. My lawyer was able to get the ticket dismissed at the initial hearing. If I were you, I would at least talk to a lawyer. I found mine through the MA Bar Assoc. referral service. Good luck.
I received a ticket recently. I followed the advice here and hired a lawyer. My lawyer was able to get the ticket dismissed at the initial hearing. If I were you, I would at least talk to a lawyer. I found mine through the MA Bar Assoc. referral service. Good luck.
09-20-2006, 03:20 PM
#5
Drifting
I'd plead insanity.....................LOL
Actually, you should go to court and "very nicely" dispute the officers version of what happened, you may just get lucky and have him be a no show and you'll walk.
Worst case, you lose, but you will probably be eligible to get a reduction of the fine if you ask.
Good Luck!
ZP44
Actually, you should go to court and "very nicely" dispute the officers version of what happened, you may just get lucky and have him be a no show and you'll walk.
Worst case, you lose, but you will probably be eligible to get a reduction of the fine if you ask.
Good Luck!
ZP44
09-20-2006, 03:27 PM
#6
Burning Brakes
Arrwin,
Bad timing. Gov. Pataki just signed a controversial no-plea bill for speeding tickets received in NY State. It took effect September 1st.
Normally I would say go to court and plead the ticket down with either the prosecutor or the cop and plead guilty to the lesser charge in front of the judge.
BUT that is no longer legal in NY. It seems that we have no choice but to plead guilty/not guilty to the charge that is on your ticket in front of the judge. If you plead not guilty, you must have solid proof to show the judge that you weren't doing what the cop says you were doing. In other words, If you are planning on going to court to fight the ticket, I would get a lawyer.
Bad timing. Gov. Pataki just signed a controversial no-plea bill for speeding tickets received in NY State. It took effect September 1st.
Normally I would say go to court and plead the ticket down with either the prosecutor or the cop and plead guilty to the lesser charge in front of the judge.
BUT that is no longer legal in NY. It seems that we have no choice but to plead guilty/not guilty to the charge that is on your ticket in front of the judge. If you plead not guilty, you must have solid proof to show the judge that you weren't doing what the cop says you were doing. In other words, If you are planning on going to court to fight the ticket, I would get a lawyer.
09-20-2006, 03:37 PM
#7
Instructor
Be prepared, have diagrams, position of cars on a specific date and time; show and tell sometimes impresses judges; you may also ask when was the last time the speedometer of the cop's cruiser caibrated. Here in California, if the cop does not show up in court, judges sometime dismiss the case. Good luck.
Andrew
Andrew
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09-20-2006, 03:59 PM
#8
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Id just pay the ticket. If you admited going at least 65 and the speed limit is 55, that admits guilt in my opinion, especially if its your own words written on the ticket. Cop says 80, you say 65, averaged out is 72.5mph which still puts you 17.5mph over the speed limit.
If traffic school is an option, take it. I received a ticket going 46 in a 35, took the class-ticket no longer exists. You can use that option 1x every 3 years in Utah.
If traffic school is an option, take it. I received a ticket going 46 in a 35, took the class-ticket no longer exists. You can use that option 1x every 3 years in Utah.
09-20-2006, 04:14 PM
#9
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Thread Starter
I have no problem with paying the ticket, just don't want the points. 
I'm definitely going to fight the ticket in court, but did remember that new law being passed in NYS. I was not intending to get a lawyer and hoping that they would lower summons by going to court and speaking with them. Sounds like that will be difficult now. The court date is on Tues. Is it too late to consult a lawyer?
I'm definitely going to fight the ticket in court, but did remember that new law being passed in NYS. I was not intending to get a lawyer and hoping that they would lower summons by going to court and speaking with them. Sounds like that will be difficult now. The court date is on Tues. Is it too late to consult a lawyer?
09-20-2006, 04:23 PM
#10
Rennlist Member
"If you plead not guilty, you must have solid proof to show the judge that you weren't doing what the cop says you were doing."
So much for innocent until proven guilty, huh. There's no way at all either you or he can prove you were doing ANY speed except greater than 0 in this situation.
If it were me, I would definitely plead not guilty and argue that you were VERY aware of your speed as you saw the officer and knew he was there, you were at most doing 65 with the flow of traffic, you saw the officer and had gotten into the left lane to let him back on, and was trying to get back over into the right lane but had no opportunities.
I definitely would be as nice as possible (note the as possible, you don't want to be rude, but you don't want to be a pushover either) but point out the descripencies you see. And be confident about what you think happened, not "well, I think..." and "I might have blah blah" so you give them no uncertainty as to what you KNOW happened.
It's just me, but I might consult a lawyer, but I doubt I would hire one to represent you in court.
So much for innocent until proven guilty, huh. There's no way at all either you or he can prove you were doing ANY speed except greater than 0 in this situation.
If it were me, I would definitely plead not guilty and argue that you were VERY aware of your speed as you saw the officer and knew he was there, you were at most doing 65 with the flow of traffic, you saw the officer and had gotten into the left lane to let him back on, and was trying to get back over into the right lane but had no opportunities.
I definitely would be as nice as possible (note the as possible, you don't want to be rude, but you don't want to be a pushover either) but point out the descripencies you see. And be confident about what you think happened, not "well, I think..." and "I might have blah blah" so you give them no uncertainty as to what you KNOW happened.
It's just me, but I might consult a lawyer, but I doubt I would hire one to represent you in court.
09-20-2006, 06:27 PM
#11
Drifting
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If there was other traffic and you had no room to move right...how did he track you at 80 unless every other friggin' car was doing 80 (in the right lane???)...and how many people see traffic moving at 80 around a trooper. I suspect if you show up in court, dispute the 80 on the ticket for the reasons above the judge may agree with you. What is on the ticket does not make alot of sense...especially since you saw him pull back into traffic and can establish that you knew he was there. Most judges realize only an idiot is going to do 80 in a 55 around a cop...or if it is clear you didn't know he was there. I got out of a ticket for a similar situation in PA by establishing a reasonable doubt that what the cop charged me with was not realistic. Not sure how that would work in NY with the all or nothing approach.
GOOD LUCK!!!!
GOOD LUCK!!!!
09-20-2006, 06:58 PM
#12
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Thread Starter
Originally Posted by DaveM993
If there was other traffic and you had no room to move right...how did he track you at 80 unless every other friggin' car was doing 80 (in the right lane???)...and how many people see traffic moving at 80 around a trooper.
09-20-2006, 07:11 PM
#13
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There must be something about our cars to the cops. I got nailed last week 55 in a 35 (8 lanes wide) from 1200 feet out, plenty of other cars around me but he definitely singled me out. I was exceedingly polite and had all my paperwork and he let me off with a warning.
09-20-2006, 07:15 PM
#14
Arrmin,
Interesting you be honest and they nail you for more of a ticket. I am not an expert, but you may want to check this site: http://www.motorists.org/Attorneys/v...g.asp?state=NY I have seen the lawyer mentioned in Croton in the URL advertised quite a bit. Think even spoke with him once. If was me, would probably call him and others for suggestions and then decide next steps.
Good luck.
Interesting you be honest and they nail you for more of a ticket. I am not an expert, but you may want to check this site: http://www.motorists.org/Attorneys/v...g.asp?state=NY I have seen the lawyer mentioned in Croton in the URL advertised quite a bit. Think even spoke with him once. If was me, would probably call him and others for suggestions and then decide next steps.
Good luck.
