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01-22-2005, 09:55 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 6
| | Reckless driving @ parking lot. SNOW+Quttro=Fine NY brooklyn (belt toys"r"us parking lot)
Basicly was doing donuts in the lot, 10+ cars, I was the lucky one to get a ticket. Ticket is a cort date, cop said its criminal court.
Any one have the link to the section of "Reckless or careless driving". (can be some help for reduction plea)
any ideas? anything? | 
01-22-2005, 10:13 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 6
| | | sec 1212 sec 1212
please help!
i do have like 8points for speeding | 
01-23-2005, 06:07 PM
| | Member | | Join Date: Dec 2004
Posts: 121
| | | Well, you're going to definately need to get an attorney, and preferably one who speciailizes in criminal defense/VTL stuff. Reckless driving carries five points.
VTL Section 1212 (Reckless Driving), an unclassified misdemeanor is defined as, "...shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor."
This section of the VTL is enforceable in a parking lot which abuts the public highway, however, I'm sure with the right attorney this thing could very possibly be thrown out or plead down to something else. | 
01-23-2005, 06:38 PM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,653
| | Quote: |
Originally Posted by bumbum sec 1212
please help!
i do have like 8points for speeding | Why in the hell are you in so much of a hurry? Only 18 minutes, on a Satuday? Maybe you should change your username to dumdum. And probably kiss your DL goodbye for a while.
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01-23-2005, 07:39 PM
| | | Quote: |
Originally Posted by bumbum NY brooklyn (belt toys"r"us parking lot)
Basicly was doing donuts in the lot, 10+ cars, I was the lucky one to get a ticket. Ticket is a cort date, cop said its criminal court.
Any one have the link to the section of "Reckless or careless driving". (can be some help for reduction plea)
any ideas? anything? | What's your record like? | 
01-23-2005, 08:37 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 6
| | | NYC 1212
6+ parking tickets on the car
first time:
Speeder 87 in 55 , reduced to 65 in 55,
Crossing the hov lane, reduced to changing lane with out signaling
other 2 tickets throwen out
second time:
speeder 80 in 55, reduced to 65 in 55 | 
01-23-2005, 08:46 PM
| | Member | | Join Date: Dec 2004
Posts: 121
| | Quote: |
Originally Posted by bumbum NYC 1212
6+ parking tickets on the car
first time:
Speeder 87 in 55 , reduced to 65 in 55,
Crossing the hov lane, reduced to changing lane with out signaling
other 2 tickets throwen out
second time:
speeder 80 in 55, reduced to 65 in 55 | Are these recent convictions? In New York, points clear from a record 18 months after the date of commission of the offense (not the conviction date).
A reckless driving conviction has five points, but because it is a criminal offense it is more often than not plead out by the DA's office. Like I said earlier, you need to find a good lawyer that handles this stuff on a regular basis. | 
01-23-2005, 09:10 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 6
| | | well i had a one before, waste of money, at least it was in long island traffic law court.
what are the basic proseger for a case like this. do they really want to convict me or just looking for me to pay the city (fine)? do i have the right to apealw, present evidence?
speeders are 12,14 months old
Last edited by bumbum; 01-23-2005 at 09:12 PM.
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01-23-2005, 09:12 PM
| | Member | | Join Date: Dec 2004
Posts: 121
| | Quote: |
Originally Posted by bumbum well i had a one before, waste of money, at least it was in long island traffic law court.
what are the basic proseger for a case like this. do they really want to convict me or just looking for me to pay the city (fine)? do i have the right to apealw, present evidence? | I don't think you understand. You need an attorney; this offense is a misdemeanor. A jail term of up to one year can be imposed for misdemeanors in New York State. Not only do you have the right to present evidence, but you have the right to a jury trial.
This is not a traffic court; you will be in Kings County Criminal Court. I believe you have a real good chance at having this thing tossed or plead out to something stupid like an equipment violation if you obtain competant counsel. If you show up alone, I will bet you the judge will simply adjourn the case and ask you to return with a lawyer. | 
01-24-2005, 03:51 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 6
| | | Do you know for sure, have u worked in that court?
What special thing: will the lawyer do? or is it the fact that if i come without a lawyer the judge will just "get mad" for not following general prosigers | 
01-24-2005, 04:03 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 6,423
| | Quote: |
Originally Posted by qcxlvr1 This is not a traffic court; you will be in Kings County Criminal Court. I believe you have a real good chance at having this thing tossed or plead out to something stupid like an equipment violation if you obtain competant counsel. If you show up alone, I will bet you the judge will simply adjourn the case and ask you to return with a lawyer. | DING DING! We have a winner!
A lawyer is not required, but there's very little chance you will be able to plea this one down (based on your posts here at least). A local traffic lawyer will have a much, MUCH greater chance of getting it either pled down to a fine only, or at least less points.
In the meantime, you really need to take the 5(?) hour state driver's ed course which will knock some points off your license until the speeding convictions come off. (Not to mention 10% off the insurance you probably don't have also.)
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Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | | 
01-24-2005, 04:14 PM
| | | Quote: |
Originally Posted by You Are Guilty ... A local traffic lawyer will have a much, MUCH greater chance of getting it either pled down to a fine only, or at least less points.... | So, would this be following the general prosigers? | 
01-24-2005, 04:27 PM
| | Member | | Join Date: Dec 2004
Posts: 121
| | Quote: |
Originally Posted by bumbum Do you know for sure, have u worked in that court?
What special thing: will the lawyer do? or is it the fact that if i come without a lawyer the judge will just "get mad" for not following general prosigers | I've never been a court employee (or a defendant for that matter) in this criminal court (or any other one), however, I do understand the law especially criminal law and the New York State Vehicle & Traffic Law.
If you obtain the right lawyer, he or she will probably know all of the court personnel including members of the DA's office. This can help in obtaining a favorable plea arrangement. Because this is a misdemeanor and you were served with a criminal court summons, you need to be arraigned on the charges and enter a plea; this happens on the return date printed on the face of the summons you have in your possession.
Most importantly, the lawyer will be able to ascertain if there is sufficient evidence to warrant a conviction for the charge. Because this is not a TVB court, the threshold of evidence is much higher to convict you. A lawyer knows how to examine the evidence and determine where to go from there. | 
01-24-2005, 04:30 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 6,423
| | | Isn't it obvious?
__________________ Quote: |
Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | | 
02-23-2005, 07:36 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 6
| | | Hey guys thanks for the help.
i got some evidence together
What is the average fee a lawyer should charge me? | |
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