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  #1  
Old 12-29-2005, 02:50 PM
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Possible Suspension Based on 3 speeds in 18 months - NY


What is the name of your state? New York

Hey-
I just finished a 6 month suspension based on the 3 speeds in 18 months, the dates of the speeds are as follows: 2/22/04 1/3/04 and 11/30/03. That suspension started in Feb of 05' and I was re-approved to drive again mid october. I recently received another letter saying I was going to be suspended for 6 months again because of a ticket in Febuary of 2005. This suspension is supposed to start 12/31/05.

I have had my liscence for 1 month and they want to take it away again, which means I will have wasted tons of money on insurance cancelation fees and DMV fees. Furthermore they are treating the most recent violation (Feb, 05') as the third speed in 18 months, I am being punished twice for the tickets I got in the early months of 2004.

My question is: how can I fight this? and shouldent the record be cleared after I complete a suspension? I don't beleive I need another 6 month suspension because of a 70/55 in the beggining of 2005.

Any Help is appreciated, I'll pay for a lawyer who can get this cleared up-
Thanks
-Tom

Last edited by TomTomTom; 12-29-2005 at 03:03 PM.
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  #2  
Old 12-29-2005, 03:21 PM
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Quote:
My question is: how can I fight this? and shouldent the record be cleared after I complete a suspension? I don't beleive I need another 6 month suspension because of a 70/55 in the beggining of 2005.
You can't. Its a revolving 18 month period. Straight from the DMV's mouth:
Quote:
How the DMV Calculates Your Point Total

The DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points that you received during the 18 previous months. The points are counted from the dates of your traffic violations, not from the dates of your traffic convictions. A traffic conviction is required for the points to appear on your driver record. 18 months after the date of the violation, the points for that violation are removed from your point total. The convictions remain on your record.
Quote:
Any Help is appreciated, I'll pay for a lawyer who can get this cleared up.
You might want to consider saving your lawyer-money and investing in alternate transportaion, and perhaps some driver safety classes as well. Good luck.
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Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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  #3  
Old 12-29-2005, 03:58 PM
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Ya but im not being suspended for the persistant violator 11 points in 18 months. Its for 3 speeds....

Can you link me to a section about the 3 speeds in 18 months?
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  #4  
Old 12-29-2005, 04:30 PM
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Ah! (side note, how the hell did you manage to get 3 speeds but not break the point total? You got caught for less than 10mph over three times??)

Anyway, the answer would appear to be the same:
[url]http://www.nysdmv.com/license.htm#points[/url]
Quote:
The DMV driver violation point system helps to identify drivers who commit several traffic violations during a specific time period.

Remember that the point system is not the only reason for a driver license suspension or revocation. There are mandatory suspensions or revocations. For example, the DMV must revoke your driver license if you are convicted of three speeding violations within an 18-month period and you have fewer than 11 points.
Quote:
Speeding/Misdemeanors — If you commit three speeding and/or misdemeanor traffic violations within 18 months, your license will be revoked for at least six months ... Points — Most traffic violations carry violation points. The points will be added to your record using the date the violation occurred, not the date you are found guilty. If your violation points in any 18-month period add up to 11 or more, your license may be revoked or suspended following a hearing.
[url]http://www.nysdmv.com/broch/c49.htm[/url]

Sorry.
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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  #5  
Old 12-29-2005, 08:38 PM
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No I dident have less than 11 points, but ive already been suspended for too many points.

So I guess this is a lost cause, so **** it I topped out my car at 137 today!
While suspended ill be saving my money for a faster engine. I hate cops and cant beleive a wimpy 70/55 is the reason for this I can do way better.
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  #6  
Old 12-29-2005, 08:50 PM
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Quote:
Originally Posted by TomTomTom
No I dident have less than 11 points, but ive already been suspended for too many points.

So I guess this is a lost cause, so **** it I topped out my car at 137 today!
While suspended ill be saving my money for a faster engine. I hate cops and cant beleive a wimpy 70/55 is the reason for this I can do way better.
DopeDopeDope
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Vescere bracis meis
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  #7  
Old 12-29-2005, 10:02 PM
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Quote:
Originally Posted by TomTomTom
No I dident have less than 11 points, but ive already been suspended for too many points.

So I guess this is a lost cause, so **** it I topped out my car at 137 today!
While suspended ill be saving my money for a faster engine. I hate cops and cant beleive a wimpy 70/55 is the reason for this I can do way better.
Ever consider taking it to the track? A lot fewer tickets there. And definately think twice before driving on a suspended license. You can lose it permanently, and will incur several thousand dollars in fines and increased insurance costs.

(And 137 is nothing to be braqgging about. My old 1990 Ford did 140 stock )
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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  #8  
Old 12-30-2005, 12:29 AM
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Quote:
Originally Posted by TomTomTom
So I guess this is a lost cause, so **** it I topped out my car at 137 today! While suspended ill be saving my money for a faster engine.
Another adult temper-tantrum... boo hoo.

Quote:
Originally Posted by TomTomTom
I hate cops
And I am sure, like us and the rest of the world, they hate you too... Night, night boo-boo, see you wrapped around a tree somewhere, tough guy.
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