NY VTL 1180(b) on Taconic in Stanfordville,Town Justice Frank Weber Jr....any advice?

[yellowcbrf4i]

What is the name of your state (NY)?

I was ticketed last month driving on the Taconic in Stanfordville and sited for 1180(b) Speed Over State Limit, 78 in a 55. I've already sent in my not guilty plea, and have my pre-trial meeting with the prosecutor. Does anyone have any experience with this court? I will be in Town Justice Frank Weber, Jr.'s court. Does anyone know my chances of pleaing this down or have a good approach to get the most favorable outcome?

Any advice you guys can offer would be greatly appreciated. Thanks!

 

[You Are Guilty]

I've driven the Taconic countless times and have never even heard of Stanfordville (watch out for the boys in Chatham though). However, most of those small towns are just after your money and aren't interested in putting you in jail.

What is your defense?

 

[yellowcbrf4i]

I've driven the Taconic countless times and have never even heard of Stanfordville (watch out for the boys in Chatham though). However, most of those small towns are just after your money and aren't interested in putting you in jail.

What is your defense?

I saw the trooper while driving southbound and he had his car in a cut-through facing the northbound lanes of traffic. I kept going and then 5 minutes later saw him behind me with his lights flashing. I was not doing 78, I would put my speed much closer to 70 or high 60's. I have a radar detector and it never made a peep. I don't think he actually clocked me for these two reasons (my speed was not 78 and my radar detector never went off).

What is the best defense? If I tell the prosecutor that I wasn't going that fast and my radar detector never went off, it probably won't get me far. I really want to avoid the DRA.

 

[HighwayMan]

Who said he used radar? Speeders are so hung up on radar when there are certainly other methods of measuring your speed.

The court will probably offer you a pretty standard deal - you'll find out when you meet with the prosecutor. I also never heard of the place and certainly don't know it's court or judge. What county is it in?

I'll guess they will offer either a reduced speed or a disobey traffic control device charge. Some courts are big on giving you a parking violation and a large fine - the town/village then gets to keep most or all of the fine money.

If you intend to fight it at a trial be prepared for a painful experience.

 

[HighwayMan]

...then 5 minutes later saw him behind me with his lights flashing...

How do you know it was the same trooper?

 

[yellowcbrf4i]

Who said he used radar? Speeders are so hung up on radar when there are certainly other methods of measuring your speed.

The court will probably offer you a pretty standard deal - you'll find out when you meet with the prosecutor. I also never heard of the place and certainly don't know it's court or judge. What county is it in?

I'll guess they will offer either a reduced speed or a disobey traffic control device charge. Some courts are big on giving you a parking violation and a large fine - the town/village then gets to keep most or all of the fine money.

If you intend to fight it at a trial be prepared for a painful experience.

How do you know it was the same trooper?

Thanks for your reply HighwayMan. The court is in Stanfordville, but elsewhere it's referred to as Stanford. It's in Dutchess county. The ticket says "Arrest Type: 2-Radar" and the deposition says, "Charge based on: Officer's Direct Obervation, Speed Verified by: Radar, Model: Stalker Dual". I guess I don't know for sure it was the same Trooper.

How should I approach the prosecutor? Do they generally speak first and offer a deal, or do they first gauge what kind of defense will be offered and go from there? I just don't want to get all the way up there, state my case and have the prosecutor go, "OK. Thanks for coming. Pay the clerk the full amount on the way out or I'll see you in court on this date".

Any advice on specific approach to the pre-trial conference would be appreciated. Thanks again!

 

[HighwayMan]

It's in Dutchess county.

Hmmm, must be northern Dutchess. I can't ever remember even hearing the name and I've worked in Dutchess.

How should I approach the prosecutor? Do they generally speak first and offer a deal...

It's impossible to say - every court, every prosecutor is different. I've even seen the same prosecutor handle things totally differently depending on what day of the week it is and what judge is on the bench that day.

or do they first gauge what kind of defense will be offered and go from there?

You're kidding, right? 99.9% of motorists either have no defense or a completely silly one (e.g. my car can't go that fast).

Without actually seeing the supporting deposition it's hard for me to say, however since the depositions are done roadside the vast majority of the ones I have seen are woefully inadequate and would probably provide a means to fight the charge at a trial. But I would really hesitate to advise you to go to trial especially since I do not know the court.

Whatever approach the prosecutor takes I would just say don't be rushed or bullied. If you don't understand the offer ask for an explanation before you take it or reject it.

In your case I can really only see three possible reductions you would be offered...

1) a reduction in speed. Your goal is to avoid the DRA so this would work for you in that regard although it's far from ideal.
2) disobey traffic control device (VTL 1110(a)) - a very generic type of infraction with the minimum number of points (2). I would say this is most likely.
3) a parking violation (VTL 1201(a) most likely - "parking on pavement") - expect a decent fine but no points.

How is your driving record? The court MAY have an abstract of your record when you come in so don't lie about it if asked. Also, don't be afraid to ask for what you want. An ACD or similar is probably not even worth pursuing, however option #2 above is very much within reason in most courts. If the prosecutor offers a reduction in speed then you can counter with "I have a good driving record, how about an eleven ten A (1110(a))" and you may very well get it.

If you have any more specific questions please post. Right now I can't think of anything else to add after a LONG day at work.

 

[HighwayMan]

The court is in Stanfordville, but elsewhere it's referred to as Stanford.

By the way I looked this up and it's not entirely correct.

The town is Stanford. There are two hamlets within the town, one of which is Stanfordville. The town offices, including the court, have a "Stanfordville" address.

There are also two town judges. While they usually have a regular schedule, it does vary and you may get one or the other.

 

[yellowcbrf4i]

Hmmm, must be northern Dutchess. I can't ever remember even hearing the name and I've worked in Dutchess.



It's impossible to say - every court, every prosecutor is different. I've even seen the same prosecutor handle things totally differently depending on what day of the week it is and what judge is on the bench that day.



You're kidding, right? 99.9% of motorists either have no defense or a completely silly one (e.g. my car can't go that fast).

Without actually seeing the supporting deposition it's hard for me to say, however since the depositions are done roadside the vast majority of the ones I have seen are woefully inadequate and would probably provide a means to fight the charge at a trial. But I would really hesitate to advise you to go to trial especially since I do not know the court.

Whatever approach the prosecutor takes I would just say don't be rushed or bullied. If you don't understand the offer ask for an explanation before you take it or reject it.

In your case I can really only see three possible reductions you would be offered...

1) a reduction in speed. Your goal is to avoid the DRA so this would work for you in that regard although it's far from ideal.
2) disobey traffic control device (VTL 1110(a)) - a very generic type of infraction with the minimum number of points (2). I would say this is most likely.
3) a parking violation (VTL 1201(a) most likely - "parking on pavement") - expect a decent fine but no points.

How is your driving record? The court MAY have an abstract of your record when you come in so don't lie about it if asked. Also, don't be afraid to ask for what you want. An ACD or similar is probably not even worth pursuing, however option #2 above is very much within reason in most courts. If the prosecutor offers a reduction in speed then you can counter with "I have a good driving record, how about an eleven ten A (1110(a))" and you may very well get it.

If you have any more specific questions please post. Right now I can't think of anything else to add after a LONG day at work.

Thanks again HighwayMan. If they pull my driving record, do you know how far back they pull. I've had tickets but they were awhile ago.

 

[yellowcbrf4i]

Right off the bat the "special prosecutor" offered me 1110A. I asked for a non-moving violation and he said that was the best he could do. The judge agreed and I paid $150+93 court fees and was on my way.

Thanks again for your help HighwayMan.

 

[HighwayMan]

That's probably the best you could have hoped for. It shouldn't affect your insurance either.