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NY- 15 over the limit- A few questions about trial

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ErinGoBragh

Senior Member
What is the name of your state? New York

Hello,

I was clocked back in August doing 55 in a 40, totally my fault as I was trying to get to the hospital to see my Gran and was really distracted (the doctor thought she was about to die at the time, thankfully by some miracle she pulled through).

I'm getting my attorney for free, it's a cousin I used to help in the office for no pay on weekends, she's supposed to be good although I've never seen her in action before. She's currently in Africa doing some sort of missionary work, and as a result, my trial is delayed till at least March. Adjournment was also requested on two other occasions by her because of conflicting trial dates with other paying clients, which is fine with me.

A few questions:

1) Is it likely to irk the judge that this took so long to get to court? I have money set aside for if I get a fine, but I don't know if judges care about how many adjournments are granted because of the attorney having conflicts.

2) Is there a chance this would get ACOD? I have never been pulled over before for so much as a taillight out, there's nothing on my abstract whatsoever.

3)If it is ACOD, will it be 6 months from the court date, or 6 months from the date of the offense?

4) How much is the typical fine for this? I have $300 stashed away in case, not sure if that will do.

Even though I did it, just FYI, my attorney put in a plea of not guilty, which I guess is typical.

Thanks in advance!
 


You Are Guilty

Senior Member
1) Is it likely to irk the judge that this took so long to get to court? I have money set aside for if I get a fine, but I don't know if judges care about how many adjournments are granted because of the attorney having conflicts.
Most judges will not notice or care. But there are no guarantees.
2) Is there a chance this would get ACOD? I have never been pulled over before for so much as a taillight out, there's nothing on my abstract whatsoever.
Hell, there's a chance you may spontaneously combust in the next 5 minutes. No one can predict the future.
3)If it is ACOD, will it be 6 months from the court date, or 6 months from the date of the offense?
Court date. There are also 12 month ACDs (and I've seen a judge grant a 30 day ACD, although the statute doesn't seem to offer that option).
4) How much is the typical fine for this? I have $300 stashed away in case, not sure if that will do.
Depends on the county/highway where it happened. Generally, fines + court costs will range from $150 to $500. Can be higher (but very rarely lower).
 

ErinGoBragh

Senior Member
Thanks for the answers, YAG. As far as the ACOD, I know it may not happen, I was just unsure of whether judges ever ACOD a 15+ violation- I know one mile lower and my chances would likely be better, but it is what it is. Thanks for the info on the ACOD length, I'd only ever heard of a 6 month before, so that was news to me.
 

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