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NY speeding ticket(Bronx)

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popular9

Junior Member
New York is the name of my state and the ticket was on Bronx Parkway (Bronx close to Allerton Avenue exit)
I'm just writing here to find out if there is any chance of fighting a speeding ticket.
Now some data about the ticket:
The date of the ticket was 07/09/06
The ticket was given to me for speeding with 79Mph on a 50 Mph (Bronx Parkway close to exit to Allerton Avenue)
In the description its say Laser/speeding in zone
Since tickets in NY,NY have to be paid or chalenged at the DMV Traffic Violation Division, I pleaded not guilty on 07/12/06 and they scheduled me to appear on 10/30/06 for the hearing.
As far as I know till now my only chance that the ticket will be dismissed is that the police officer wont show up.
The reason of me posting here is maybe somebody has more experience in fighting this speeding tickets and at least I might be able to take the points out at the hearing.
If you have any idea on how to do that please post here, also if you need more info about the ticket just request here and ill do everything that is possible to post the requested info.

Thank you in advance for your help.

Regards Popular9
 
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popular9

Junior Member
Well I don't know how is in other parts ( since is my first speeding ticket) but here you just go to DMV and its a line, then you get to the clerk, and he ask you how do you plead. I didn't even know that I can get a supporting deposition( never been thru any of this legal battles), and yes I was doing around 79Mph on a 50Mph. If I can't do nothing about the ticket ill just pay and thats it, but ill still hope that the police officer will be busy that day so he don't show up.

Regards Popular9
 

You Are Guilty

Senior Member
popular9 said:
Well I don't know how is in other parts ( since is my first speeding ticket) but here you just go to DMV and its a line, then you get to the clerk, and he ask you how do you plead. I didn't even know that I can get a supporting deposition( never been thru any of this legal battles), and yes I was doing around 79Mph on a 50Mph. If I can't do nothing about the ticket ill just pay and thats it, but ill still hope that the police officer will be busy that day so he don't show up.

Regards Popular9
If your driving record is clean, you can try to find a traffic lawyer in the area who may be able to plead it down to a no-pointer (or at least a 2-pointer, the minimum). Or, if money is an issue, throw yourself on the mercy of the DMV without a lawyer, but you run the risk of getting hit with all 6 points. Now, where they get you is with the secret DRP program (http://www.nydmv.state.ny.us/drp.htm), which, on top of the fine for the ticket and the potential insurance hike, will also take at least another $100/year out of your pocket for the next three years (and possibly more if you get another ticket).

So it's usually worth it to get the lawyer to plead you down to under 6 points, and then take the DMV-approved driving course to knock 3 more points off.
 

lwpat

Senior Member
You are under the TVB. The officer does not have to appear, you don't get a real judge, you have no rights, and you cannot request a deposition. Does that give you any idea of your chances? NY also has a three year surcharge so you need to factor that into your decision. To have any chance you need an attorney. Google New York speeding ticket.
 

cepe10

Member
The PEOPLE vs. perlman

On the evidence before it, and without such a recorded history, this court cannot reach the desired conclusion. In fairness to the defendant, where he has been charged with speeding by means of radar detection, which has been characterized as a '. . . new and great instrument which has transmitted the business of apprehending speeders from the mechanical into the realm of fantasy and wonder', People v. Sachs, (supra), 1 Misc.2d p. 154, 147 N.Y.S.2d p. 807, and which is accepted by many as being tantamount to conclusive proof of guilt, there should be a showing of testing of the instrument before and after each setup, including at least one test by an outside source to insure that 'simple comparative analyses' can be made, and there should be proof of expert technical testing of the machine periodically, within a reasonable proximity of the date of violation. To accept less, and to rely solely upon the internal calibration by the machine itself, without the testimony of an expert witness, is to render an injustice to the accused, and to encourage a 'slavish adherence' to an electronic device which is potentially subject to inaccuracies and failure, as are all machines and human beings alike.

It appears that the case law for NY requires the people to prove the speed measurement device was accurate...for laser that is going to mean a current certificate of accuracy from a lab...
 

popular9

Junior Member
Thank you very much for your inputs, I really appreciate your help. And yes I know NY, Ny sucks when it comes to fight a speeding Ticket, but ill try if I have any new Infos ill keep it posted.
Any other ideas are more then welcome;)

Regards Popular9
 

popular9

Junior Member
It seems that I don't have to much chances to fight a ticket here in NY
Thank you very much for your suggestions

Regards Popular9
 

popular9

Junior Member
@ You Are Guilty the funny thing is that iI have my appeareance at the end of October, which is damn to long, like 3 months, and make the bureaucratic system to be hilarious.
@ Magic 55, lawyers in NY city are not "cheap" a good one cost around 500$ so for that amount ill just do a Defensive Driving Course for 35$ and I can low down my points by 4, is more cheaper I believe and more effective since I'm not a frequent law breaker this is my first speeding ticket in 17 years of driving,

Regards Popular9
 

popular9

Junior Member
Just to give you a small update the ticket was postponed twice
First time the Police officer didn't have enough time to get prepared for the "encounter"
And second received a letter saying "reason administrative"{ they moved my hearing to June 2007 another 3 months and ill make an year.

All the best wishes for all the other guys fighting their tickets.
Regards popular9
 

popular9

Junior Member
:rolleyes:
Now the ticket has been postponed till December, thats like the 4th time that I got a letter saying "That due to administrative ....".
Anyone can tell me for how long they can (are allowed) do this?

Regards Popular9
 

You Are Guilty

Senior Member
:rolleyes:
Now the ticket has been postponed till December, thats like the 4th time that I got a letter saying "That due to administrative ....".
Anyone can tell me for how long they can (are allowed) do this?

Regards Popular9
Until you object (in writing, if need be).
 

lwpat

Senior Member
Request dismissal due to failure comply with speedy trial. It applies to speeding tickets in NY.
 

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