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Need Help on Speeding Ticket in NY

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TrafficNeeds

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

Hello,

I am basically from AZ and I was issued a speeding ticket in Cortland county (NY) last week when I was there in NY. My speed according to the radar reading given by the cop was 89 on a 65 freeway. I was travelling in a rental car (quite new). The acceleration was feather touch and the car was moving so smoothly that without my realization the car crossed the speed limits of 65 at certain times. I believe I saw the reading around 80 at that time but the cop gave me a 89 radar reading. I am not too sure about it. I have been given the option to mail in to the court either accepting or denying the charge.

- In violation of: NYS V and T Law
- Section Sub Section: 1180D
- Description: Speed in Zone

This is my first ticket ever since I got my license 5.5 years ago. I am from AZ and I do not have any intention to deny the charges and appear in the court in NY as it would turn out to be very expensive for me. But at the same time, I would like to see what are my best options now to reduce my charges / fines. I was told that for 24 miles excess, my fine could be 300$, 85$ court surcharge and 300$ for Driver Responsibility Assessment and 6 points as well. So, totally 685$.

A friend of mine suggested me to mail and request the DA to reduce the charges considering this is my first time. Could someone please advice if requesting the DA to reduce charges in my case would help ? Will they consider that its my first violation and reduce my charges ? I have been given one month time to respond to the court. Please let me know your inputs. Thanks for your help !
 


Zigner

Senior Member, Non-Attorney
Alternatively, he could have done what a responsible driver would do and monitor his speed ;)
 

Just Blue

Senior Member
Alternatively, he could have done what a responsible driver would do and monitor his speed ;)
How long till OP comes back with all the "reasons" that paying attention to speed in a different car is bizarre?

I say under 12 hours. :p
 

TrafficNeeds

Junior Member
Any reduction in charges would require you to appear in court or hire a lawyer to appear for you.

Thanks for all your reply. Yes, I accept that as a responsible driver I should have monitored my speed even in a different (new) car.
Cruise Control is an option that I should have used but these are all learning's for me now.

The last comment is interesting. So, even if there is a reduction in charges, I need to appear in court ? Is it irrespective of whether I plead Guilty (or) plead Not Guilty ? I was under the impression that only if I have to plead not guilty, i have to appear in court. No option to just mail in in this case ?
If I have to appear in court for a reduction, then I am most likely not to request for a reduction.
 

Mass_Shyster

Senior Member
Alternatively, he could have done what a responsible driver would do and monitor his speed
When I got stopped for doing 89mph, I wasn't monitoring my speed as closely as I should have. I was trying for 100 when I saw the cop. (It was a 78 Trans Am with a 6.6, 4 speed, dual exhaust, posi rear end).

That was back when Massachusetts let you go to safety school. I was the only person in the class who admitted that I deserved the ticket. Everyone else had some excuse.
 

Zigner

Senior Member, Non-Attorney
When I got stopped for doing 89mph, I wasn't monitoring my speed as closely as I should have. I was trying for 100 when I saw the cop. (It was a 78 Trans Am with a 6.6, 4 speed, dual exhaust, posi rear end).

That was back when Massachusetts let you go to safety school. I was the only person in the class who admitted that I deserved the ticket. Everyone else had some excuse.
You had to "try" ?

:p
 

HighwayMan

Super Secret Senior Member
If I have to appear in court for a reduction, then I am most likely not to request for a reduction.
It is highly unlikely that any prosecutor would bargain with you over the phone. Unless the court has some procedure in place for dealing with long-distance motorists then you will have to appear for a not guilty plea.

The Driver Responsibility Assessment is imposed by the DMV and not by the court. You will get billed by the DMV directly. You have the option of paying the $300 all at once or $100 a year for three years.
 

TrafficNeeds

Junior Member
What does THAT mean?



Told by whom?


It means that I live in AZ. I was told by the court clerk that the fines could be up to 300$ and 85$ for court surcharge when i called and i also happened to check the fines in the web site. Yes, I am aware that the 300$ Driver Responsibility Assessment is imposed by the DMV and not by the court.
 

TrafficNeeds

Junior Member
It is highly unlikely that any prosecutor would bargain with you over the phone. Unless the court has some procedure in place for dealing with long-distance motorists then you will have to appear for a not guilty plea.

The Driver Responsibility Assessment is imposed by the DMV and not by the court. You will get billed by the DMV directly. You have the option of paying the $300 all at once or $100 a year for three years.


Thanks for your reply. So looks like there is no option of seeking a reduction of charges while pleading guilty. My other concern is... If I plead guilty, will it be just be penalty amount and points (or) will they also suspend / revoke my licence and give any other severe punishments ? I know it is up to the Judge to decide but wanted to know from what you people would have seen and heard. Also, are there any corrective courses that I could take to reduce my points in my case ?

Thanks a lot for all your inputs !
 

HighwayMan

Super Secret Senior Member
If I plead guilty, will it be just be penalty amount and points (or) will they also suspend / revoke my licence and give any other severe punishments ?
Fine and points. The judge may chose to suspend your license and/or sentence you to up to fifteen (15) days in jail. It is highly doubtful (i.e. almost a zero chance) that you would receive any punishment beyond a monetary fine. The points are automatic and go hand in hand with the conviction. The judge has no say in the matter.

Also, are there any corrective courses that I could take to reduce my points in my case ?
A New York State approved safety class will remove up to 4 points from your driving record for suspension purposes ONLY. That does not affect your eligibility for the Driver Responsibility Assessment and it has no effect on the conviction appearing on your New York driving record. So basically in your case this is all pretty worthless unless you drive in New York alot.

Points stay there for 18 months from the violation date. When you accumulate 12 points in an 18 month period your license or driving privilege is suspended automatically by DMV. DMV points mean nothing to insurance companies since they use their own system of points. The chances are pretty small that your insurer will pick up on a New York conviction, but I'm sure it's not impossible.
 

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