Need some advice and answers about moving violations

[snippyman]

Hi, I live in New York and received two tickets at 10:35 PM at night. I was in an accident which caused me to lose control and go off the road and hit a tree unfortunately. No injurys occured and my vehicle was the only thing damaged. I received two tickets:

Moved from lane unsafely
Speed not reasonable & prudent

I would like to know that since I am 17 years old and only have a DJ drivers license(Junior license), what will happen to my license? I know i'm not supposed to be driving after 9pm and the cop told me that but cut me a break and did not ticket me for that. I found out that these 2 offenses are 3 points each and that totals 6 points and I have had my DJ license for over 6 months now. I would like to know if the dmv could see that i was driving after 9pm and then suspend my license based on the time the tickets were issued? I was told they would just look at the tickets and then penalize me for the tickets i was given and not bother to look at the time or add any other charges such as driving after 9. I was told that if you get two tickets with a DJ license it will be suspended for 60 days, now I know I messed up and I will pay the price but I want to know how long it will be suspended for after these two tickets and if they will do something about the time i was driving. Please give me some advice of anything you know,

Thanks

 

[I_Got_Banned]

Your license will not be suspended foe driving after 9pm however, the two violations that you received and if convicted will result in a suspension.

Drive carefully!

 

[snippyman]

Thank you for your quick response! I figured they would suspend it based on the tickets and not on the time. I believe it is a 60 day suspension correct? And I was also told if I fight the tickets that the officer could bring that charge into place that I was driving after 9 which i believe the ticket would be "unlicensed operator" So I think it would be better to plead guilty. Will I still have to go to court if I plead guilty? Is it the courts decision to penalize my license or the DMV? How long approximately after conviction will I receive something from the DMV stated the status of my license?

Thanks

 

[Maestro64]

Actually, did he write the tickets based on what you told him since he wrote one for reasonable and prudent speed, I am assuming you said something to the effect that lead him to believe you were driving to fast for conditions. Otherwise he is assuming and you can not be ticketed on an assumption.

In the past if you got in an accident you never got a ticket, the mere fact you had the accident was enough punishment since your insurance will go up for that alone, now police are issuing tickets which is an insult to the injury.

These tickets are simply based on you had an accident therefore you much have broken some law so they feel obligate to write you up. If I was you I would hire a lawyer to get these ticket dismissed, besides the suspension that may be coming your way, the accident plus the tickets will cost lots of money, even if you choice not to turn the accident into your insurance company. The ticket and suspension will show up for years and they will increase your rates because of that.

Also, police threaten all the time to increase or change the charges if you fight the ticket, it is a scare tactic. Many states as rule on how long after something occurred that a ticket can be issued, mostly likely your hearing will be past that dead line and he will not be able to amend the charges. Many time Judges do not go for this because it make it look like the officer it being vindictive. Plus a good lawyer will not allow that to happen.

 

[snippyman]

Well the deal is that an off duty sheriff pulled up to the accident a minute or two after it occurred and the off duty sheriff told the officer that showed up on the scene that my relative speed was about 50 so he wrote me up on her assumption and the unsafe lane change was for leaving the road. But my question still stands if I am still to go to court if I plead guilty, and who makes the decision about the penalties to my license? Also will I receive a letter from the DMV shortly after stating the status of my license? And so they cannot bring up anything with me driving after 9pm since I was not ticketed for it and how long of a suspension am I looking at? Also another thing, I plan to mail the tickets in, when can I expect to get a mail with the fines I must pay?

 

[I_Got_Banned]

Well the deal is that an off duty sheriff pulled up to the accident a minute or two after it occurred and the off duty sheriff told the officer that showed up on the scene that my relative speed was about 50 so he wrote me up on her assumption

Was it her assumption or did she witness you driving at that speed? Either way, she would have to appear at your hearing to testify otherwise, if the officer just says "she said..." then you can object on the grounds that it is "hearsay".

But my question still stands if I am still to go to court if I plead guilty, and who makes the decision about the penalties to my license?

If convicted of either or both charges, the judge decides on the fine, the DMV decides on the suspension in violation of your junior license.

Also will I receive a letter from the DMV shortly after stating the status of my license?

Yes they must notify you by mail afterwards.

And so they cannot bring up anything with me driving after 9pm since I was not ticketed for it

Exactly, you were not cited for that!

how long of a suspension am I looking at?

60 days.

Also another thing, I plan to mail the tickets in, when can I expect to get a mail with the fines I must pay?

Call the court and ask.

 

[snippyman]

Alright thank you for all your help and assistance!

 

[HighwayMan]

...Also, police threaten all the time to increase or change the charges if you fight the ticket, it is a scare tactic. Many states as rule on how long after something occurred that a ticket can be issued, mostly likely your hearing will be past that dead line

Nonsense. In NY a police officer has one year from the date of violation to issue a traffic ticket. Scheduled trial dates are usually not more than 6 months or so after the violation date - even in the busiest courts.

I have issued tickets in court and never had a problem. The judge never even gets involved in the process.