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Reduction of Speeding Charge

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Fres01

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

I received a speeding ticket 2 weeks ago. V & T Law 1180 D. Was ticketed for going 50 in a 30, though I didn't see the sign because of harsh sunlight.

I want to Reduce the Charge to a section 1101 , Disobeying Rules of the Road, no points.

Does this sound like it will fly with the D.A.?

Please advise.
 


The Occultist

Senior Member
Nobody here is psychic. Nobody on this board will be able to answer your question unless the DA handling your case happens to post regularly on this site. Only the DA will be able to give you an accurate opinion of whether or not "it will fly".
 

Fres01

Junior Member
I understand that no one is a mindreader. What I am asking is: In NY, is it reasonable to plead guilty to "Disobeying the Rules of the Road" Subsection 1101 and ask for 0 points?

Would it be prudent to try that approach, considering that the harsh sunlight and overgrowth around the speed limit sign?

Also, what are the Zero point offenses in NY?
 

The Occultist

Senior Member
Usually the DA makes the offer, not you. You can certainly try and see what the DA says, but it is completely up to the person happens to be handling your case. Although the DA is representing the state, it is not the state making decisions.
 

You Are Guilty

Senior Member
You can ask for any deal you want. Depending on how clean your license is and the mood of the DA, don't be too surprised if they only offer you a 2-pointer (i.e. failure to obey traffic control device).
 

efflandt

Senior Member
If it was within a city, isn't 30 the default speed limit if not otherwise posted (Chapter 8 of your Driver's Manual)? If so, you have no excuse (get sunglasses).
 

Fres01

Junior Member
It was on a county road outside of city. You basically round a corner and the sign is there. Nothing to say "reduce speed ahead". I later found out it is a "known" speed trap, though it was the first I heard of it.

Thanks!
 

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