Judge Threatening Jail over speeding ticket.

[RMM]

New York State, Erie County.

I am a 24 year old driver with a pretty bad driving record. I have probably had about ten minor speeding tickets in my past but have kept my license 100% clean for the past 3.5 years until I recently got a speeding ticket going 77 in a 65 mph zone. I should also note that I've never had any other violations or problems with the law other than my dozen or so speeding tickets over a 8 year period.

I pleaded not guilty to this most recent speeding ticket and went to traffic court where the DA recommended driving school and I plead guilty to a 2 point non-moving violation. However, when I went before the judge to enter my plea, he looked over my record and began questioning me about why he should accept this deal and told me that he could throw me in jail or take away my license if he wanted to. He told me to go to driving school and gave me an order to return to court after at which time he would "make up his mind" on whether or not to accept the plea. He also said that either way he was definitely giving me community service.

Now my questions are A) is any of that even within his legal power based on a 12mph speeding violation? and B) should I pay the money to get an attorney for my return to court date?

Anyone help on this would be greatly appreciated.
Thanks.

[Zigner]

Originally Posted by RMM

New York State, Erie County.

I am a 24 year old driver with a pretty bad driving record. I have probably had about ten minor speeding tickets in my past but have kept my license 100% clean for the past 3.5 years until I recently got a speeding ticket going 77 in a 65 mph zone. I should also note that I've never had any other violations or problems with the law other than my dozen or so speeding tickets over a 8 year period.

I pleaded not guilty to this most recent speeding ticket and went to traffic court where the DA recommended driving school and I plead guilty to a 2 point non-moving violation. However, when I went before the judge to enter my plea, he looked over my record and began questioning me about why he should accept this deal and told me that he could throw me in jail or take away my license if he wanted to. He told me to go to driving school and gave me an order to return to court after at which time he would "make up his mind" on whether or not to accept the plea. He also said that either way he was definitely giving me community service.

Now my questions are A) is any of that even within his legal power based on a 12mph speeding violation? and B) should I pay the money to get an attorney for my return to court date?

Anyone help on this would be greatly appreciated.
Thanks.

I suggest you familiarize yourself with the public transportation system in your area...it would be safer for all involved.

[RMM]

Thank you. Very helpful.

[xylene]

There is no such thing as a 'minor' speeding ticket under new york law.

Assuming you got your license at 17, you have gotten a TON of speeding tickets in a very short time legally speaking.

You REALLY need to have a lawyer representing you.

It is probably the case that the judge is playing tough about the jail, but maybe not.

The truth is however he is probably dead on about his intent to revoke your license - which would be well within the sentencing parameters of someone with as many priors as you.

[Maestro64]

Were you in one of "Village Court" that NY is famous for, if so most have no clue what they legally can do. These court are well know for pull what this judge just did to you which was deny you of your rights.

So can he do it, yes, they can do what ever they like until you defend yourself.

Also, the judge can not revoke your license only the DMV has the authority and it is done base on points on your ticket, and I believe you loose your license in NY once you get 12 points in one given year. I would say if it has been 3.5 yrs since the last ticket you probable got no points on your record.

[LSCAP]

THE OP SAID,
He told me to go to driving school and gave me an order to return to court after at which time he would "make up his mind" on whether or not to accept the plea. He also said that either way he was definitely giving me community service.

Sounds to me the judge is trying to get the op to accept the idea that his is on thin ice with these tickets.
Like take your punishment and slow down, and drive more carefully.

If you do go to driving school, and do the community service that would show you are trying and he CAN give you a break.
.