1180d speeding 71 in a 50 in New York City

[zas1025]

What is the name of your state (only U.S. law)? New York

Hello guys - I got a ticket for going 71 in a 50 in the Bronx on I-695.

Seems like my options are to plead guilty and pay over $500 plus get 6 points on my license or hire a lawyer that would cost the same amount of money (or close to it). Is it true that New York City won't plea bargain the ticket for less points?

 

[Rocky4]

What is the name of your state (only U.S. law)? New York

Hello guys - I got a ticket for going 71 in a 50 in the Bronx on I-695.

Seems like my options are to plead guilty and pay over $500 plus get 6 points on my license or hire a lawyer that would cost the same amount of money (or close to it). Is it true that New York City won't plea bargain the ticket for less points?

I don't know about New York.
I live in Indiana.I once worked for the Department of Transportation INDOT yrs ago.As a INDOT employee your Driver's license is your job.If you lose your license you lose your job is how it works.As I was a salt shaker as some call the job as HWY plowing snow during the winter and such.When I was off duty sometimes luck didn't go my way.As getting stopped for speeding attempting to make it to work on time or lifes twists at times as once or twice in a blue moon.What else can I say things happen in life.
Anyway,
71 in a 50 in indiana is concidered reckless driving as 20 MPH over the speed limit.And is automatic 6 points.
I'm sure states vary.
As a past INDOT employee.I was always told by my boss.If ever you get a ticket.Take it straight to a attorney.Never ever plead guilty.And never just pay the ticket.The last resort would be to plead not guilty and hope & pray the officer don't show up at time of court.If you already paid the ticket?There is a slim chance you can catch the ticket on the prosecutor's desk and talk to the prosecutor's office to ask if there is any options for you?
In Indiana they have a option as some type of waiver agreement with the prosecutor.As you can sign a agreement with the prosecutor.If you don't get another ticket within a years time the ticket will be removed.There is a smaller fee to pay like $150.00 for this agreement but,less then your $600 fine.So,in the long run it's worth it.That agreement does require to take defensive driving classes that adds 3 points to your record as to the good.
The rule of thumb for tickets is,catch them before the ticket makes it to the prosecutor's desk!....In order to do that requires seeking a attorney the same day of the ticket.Once it makes it to the prosecutor your out of luck.
Yrs ago,I got a speeding ticket.At the time of the ticket I had no auto insurance.As in most states no insurance say bye,bye to your Driver's license .
Luckly,I contacted a attorney the day of the ticket.The attorney was able to catch the ticket on the prosecutor's desk.For a fee and agreement with the prosecutor they agreed to turn it into a non moving violation.As a slap on the hand so to speak.I'm no attorney but,that's what I had done.Attorney fees costed more over $300 but,well worth the money not to have the ticket on your record.As my Driver's license was my job.
Once the ticket makes it to the prosecutor's desk.In a day or two that ticket is then sent down state.Your job is to catch the ticket before that ticket goes down state.Once the state gets the ticket it's too late.
The best advice it this,
The next time you get a ticket?That day you better get that ticket to a attorney "Fast"!
Good Luck!
Best,

 

[proud_parent]

Rocky4, I get that you want to help by sharing your personal experience, but truthfully, the part of your post that OP should heed is this:

I don't know about New York.

OP, you should search the forums for responses from HighwayMan (a New York law enforcement officer) and You Are Guilty (a New York attorney). Of the forum regulars, they are likely in the best position to advise you. I'll message them and ask them to take a look at this thread.

While we wait for one of them to weigh in, I'll state that I am *NOT* in NYC, but I've read enough of HighwayMan's posts to know that the TVB is an administrative tribunal and does not accept plea bargains.

As to whether you'd be better off hiring an attorney, post #31 on this thread may be of help to you:
https://forum.freeadvice.com/speeding-other-moving-violations-13/100mph-50-zone-527536-p2.html

Honestly, no matter how good the attorney is he will probably lose. Highway Patrol officers, or any precinct summons officer, is so experienced testifying in the TVB that the chances of them leaving something out of their testimony or not being able to handle an attorney is slim to none. You're best off hiring one of the attorneys who works in the Bronx TVB - they know the system and can best serve you if you insist on hiring one.

Go there sometime and you'll see them in the hallway outside the court rooms on the first floor of the Bronx TVB. It's at 696 East Fordham Road at the corner of Crotona Avenue.

 

[zas1025]

I definitely think I need to hire a lawyer. I made a few phone calls around to different firms yesterday, and I got a range of different guys. One guy was only charging $150, while i found others ranging from $400-$500. I am well aware that the chances without plea bargaining are slim. The real question is whether the $400-500 guys are going to do the exact same thing as the $150 guy.

They also mentioned that although there is no bargaining in NYC, since I have no record, the judge can still sometimes knock it down to 4 points since I was only 1 mph into the next threshold of being 21+ over the limit. If it was knocked down for 4, that would also decrease the fine from $500+ to $200. Then I could even take a defensive driving class to remove the 4 points and be back at 0.

 

[HighwayMan]

I am well aware that the chances without plea bargaining are slim.

Then you are not well aware. There is NO plea bargaining in New York City. The Traffic Violations Bureau of the Department of Motor Vehicles adjudicates these cases.

The real question is whether the $400-500 guys are going to do the exact same thing as the $150 guy.

Who wrote you the ticket? Highway Patrol? In any event - any NYPD officer who writes speeds is going to be very good at testifying in court. What does that mean? You have almost a zero chance of winning - with or without an attorney.

Then I could even take a defensive driving class to remove the 4 points and be back at 0.

Not quite. Point reduction only counts for certain things. The Driver Responsibility Assessment is NOT one of them. Plus, your insurance company doesn't care much about DMV points.

As far as ignoring the radar or lidar and going with the officer's independent estimation (i.e. reducing the speed by the officer's tolerance) - it depends on the Administrative Law Judge. A few will do that but most won't. That's the ONLY thing an attorney may get for you as far as I'm concerned, but if the judge doesn't believe in that then a team of attorneys won't get very far.

If the officer's tolerance is +/- 3 mph and he estimated you at, say, 74 mph then you're screwed anyway.

 

[HighwayMan]

They also mentioned that although there is no bargaining in NYC, since I have no record, the judge can still sometimes knock it down to 4 points...

If an attorney told you that then he/she is a bozo. Your record does not come into play and the judge cannot even look at it until AFTER a verdict has been entered in the computer.