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26 mph over speed limit

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loriann7

Junior Member
What is the name of your state (only U.S. law)? NY

I was driving home and going down hill when I got a sharp pain in my chest and my foot went down on the accelerator, just as I passed a cop. I told the officer of my pain and he issued the ticket.

I know this story sounds unbelievable and hard to prove, but it's the truth. Thats why I'm here. In NY it would mean a hefty fine plus a lot of points on my license, not to mention the possibility of suspension and/or jail time.

I have court on the 19th (second appearance, first time I pleaded not guilty).

I'm afraid if I share what happened with the court they will throw the book at me. I read online to "plea bargain." I'm asking your expert advice as to how to handle this with as little damage to my record as possible.

I admit that the speed was excessive and I deserve some fine.

Can you help?
 


patstew

Member
Did you go see your doctor about the pain? Bring documentation of that with you, and who knows, you might see some leniency.

If you didn't.... c'est la vie.
 

loriann7

Junior Member
NO, I'm not one to go to the doctor for every twitch pain or headache! If I did I'd always be running to the Dr.

So your telling me there's nothing I can do?
 

Zigner

Senior Member, Non-Attorney
NO, I'm not one to go to the doctor for every twitch pain or headache! If I did I'd always be running to the Dr.

So your telling me there's nothing I can do?
You had a pain that was severe enough to cause you to accelerate by a HUGE amount and you don't think it's enough to go see a doctor for? :eek:

Lady - please trade in your car and take public transportation from here on. You are unsafe on the road.
 

loriann7

Junior Member
For your information I had gone to the Dr a couple months back who sent me to the ER who then sent me home with no explanation as to the pain in my abdomen. I now have a 3K bill I am working on and refused to run to the Dr for one pain in my chest. Had the pain come back I would have gone to the Dr. (two seperate locations of pain).

So with that said, Is there anyone else out there who really is trying to help people without passing judgment who has some advice for me?
 

Zigner

Senior Member, Non-Attorney
For your information I had gone to the Dr a couple months back who sent me to the ER who then sent me home with no explanation as to the pain in my abdomen. I now have a 3K bill I am working on and refused to run to the Dr for one pain in my chest. Had the pain come back I would have gone to the Dr. (two seperate locations of pain).

So with that said, Is there anyone else out there who really is trying to help people without passing judgment who has some advice for me?
Look, I've been driving for about 23 years now. Uphill, downhill, snow, ice, rain, hail...I've driven with blinding headaches, broken limbs and even a stomach flu that caused me to throw up WHILE driving. I've never, EVER had a pain that caused me to slam the accelerator and lose control of my vehicle to the tune of 26 mph over the speed limit. If I EVER had something like that happen, you'd better believe that I'd have it checked out...and I'd refrain from driving until I figured out what was going on.

With that said...your concocted story of a pain causing you to accelerate will be even LESS believable to the court than it is to me!
 

I_Got_Banned

Senior Member
I've never, EVER had a pain that caused me to slam the accelerator and lose control of my vehicle to the tune of 26 mph over the speed limit.
That's because you drive like a Grandma Zigner...

But still, "Lady", your story isn't gonna fly... You'll get laughed out of the courtroom if you do try it...
 

Antigone*

Senior Member
Couple things:

I would love to see the OP give that story to the judge with a straight face. Then I'd love to see the look on her face after the judge recommends that her license be revoked due to her unmanaged and unsafe-behind-the-wheel medical condition.

You know what JETX would be saying right now...
 

loriann7

Junior Member
I told you from the beginning it was unbelievable and that I'm not intending on sharing it in the courtroom.

Is there anyone out there who has some advice on how to get the speeding reduced or dismissed? The judge did say that I would be given the chance to talk to the DA before the court time. I'm hoping to talk her down some.
 

You Are Guilty

Senior Member
I told you from the beginning it was unbelievable and that I'm not intending on sharing it in the courtroom.

Is there anyone out there who has some advice on how to get the speeding reduced or dismissed? The judge did say that I would be given the chance to talk to the DA before the court time. I'm hoping to talk her down some.
That is the only way it's going to happen. And based solely on what I've read here, you're going to have a snowball's chance in hell. (Frankly, you're lucky you just got hit with speeding and not reckless.)

And what kind of car do you drive that's able to accelerate 26 mph in the span of a second or two?
 

Indiana Filer

Senior Member
That's because you drive like a Grandma Zigner...

But still, "Lady", your story isn't gonna fly... You'll get laughed out of the courtroom if you do try it...
Well, I drive, normally, like a bat outta hades. I've driven with injuries, intestinal obstructions, projectile vomiting, and in labor, and I've never had any pain that caused me to push down on the accelerator, increasing my speed.

Yes, I drove myself to the hospital in all those situations.
 

cyjeff

Senior Member
I just want to add that "sharp pain/sickness/diarrhea" is right up there with the "phantom dog that came out of nowhere", "strange car with a crazy driver" and "following the flow of traffic" as the most often presented failed excuses used in traffic court.

If you don't have any backup to your mysterious pain, legally, it doesn't exist.
 

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