Plead/ Supporting Deposition

[SAJL]

I was pulled over by a NYS Trooper for speeding. He wrote the ticket as an equipment violation: after-market tint on windows. He attached a supporting deposition to the ticket that only includes information about the speed I was travelling and what I said about that speed (I was honest about seriously thinking the speed limit reduced to 45 before going to 30, so he timed me at 45 just outside a village).

I'd recently bought the vehicle used and didn't know the tint was after-market or that it was illegal. I've had it removed since receiving the ticket and now need to proceed.

First, do I plead guilty and hope that the fine will be minimal because I've already rectified the situation? Or plead not-guilty and hope the case will be dismissed because I've already rectified the situation? This doesn't seem clear-cut to me because I didn't put the tint on the windows and didn't know it was against the law, but maybe I should have because I was driving it?

Then, no matter which way I plead, do I have to include the deposition with the ticket when I mail it in? It can't possibly benefit me because it shows the judge that I was already "cut a break."

 

[HighwayMan]

...so he timed me at 45 just outside a village).

You were traveling at 15 over the limit? That would be 4 points on your license and instead he wrote you a no-points equipment violation that will not even appear on your driving history. I just don't see what your issue is here.

I'd recently bought the vehicle used and didn't know the tint was after-market or that it was illegal. I've had it removed since receiving the ticket and now need to proceed.

No tint is legal in New York, but what you're saying is not an excuse. If the tint was illegal than that's it. Being ignorant of the law is not an excuse. How to proceed is totally up to you. Keep in mind that the trooper has one year to refile the speeding charge against you. If you fight the ticket you could be presented with a ticket for the original speeding charge by the trooper in court. It can happen.

Then, no matter which way I plead, do I have to include the deposition with the ticket when I mail it in? It can't possibly benefit me because it shows the judge that I was already "cut a break."

Huh? The deposition is for you, not the court, although the court is supposed to get a copy. The judge shouldn't even be looking at it unless the case goes to trial.

Tints are not correctable equipment violations since they are not defective equipment - they are intentional modifications made to the vehicle. That it was not YOUR intent is not relevant.

You can try to get the fine reduced or the ticket dismissed by the prosecutor at your pre-trial conference but that would be very court-dependent.

The bottom line is that you got a huge break from the trooper. If you wish to waste time fighting the charge then it may end up worse for you.