speeding 47 in a 40

[russ0519]

What is the name of your state? NY

This happened a few years back, so I don't remember the exact details, but it goes something like this:

I was trying to beat traffic, so I took local roads instead of the highway, which was packed. I came to a road that connected 2 highways, and the speed limit, I believe was 40. The roads have been recently redone, and there were no lines on the roads. As I didn't feel safe driving with no lines in traffic, I sped up, and got ahead of the traffic. About a mile down, there was a cop hiding on the intersection. I passed him doing, I believe around 47.

I kept going, and he chased me and caught me on the on ramp to the highway. He gave me a ticket, but wrote the zone as a 30. I mentioned it to him, and he crossed it out and wrote 40 on top of it.

I though I wouldn't have to pay the ticket, as he got the speed zone wrong. I sent it in as not guitly, and checked the box requesting more info. I put in my address (which is different from my license).

A little while later, I got a notice from the court, which was supposidely CC'ed to the cops, saying that they should send me info about the ticket to my address within 30 days, otherwise the ticket gets dismissed. I have not heard from anyone after that and though that I dodged that bullet.

About a year later, I try to get my car insurance lowered, and they do some research and tell me that they can't do that since my license is currently suspended. I go to DMV and find out it was suspended for not paying that speeding ticket. I call the court, and they have me send me $35 (I believe) to lift the suspension, and $150 (I believe) for bail, to make sure I show up for the hearing. The schedule the hearing during my vacation, so I call them and ask to change the date. At first they wouldn't budge, but eventually I got them to move it.

I wasn't too sure what date the hearing was, so I called on a friday to see if it was the following monday and what time I should show up, but turned out that it was on the friday that I called. Since it was past noon now, and i was supposed to show up @ 8am, they said I missed it, but if I would send in a letter saying that I'm guilty, they would apply my bail toward my ticket (which was around $220). I decided not to fight it any longer, and not to risk losing another $150, so I sent in the letter. I believe it also cost me 2 points on my license for that ticket.

I don't remember the exact speed, and it might've been 57 instead of 47. What I remember is that it was 2 points.

My question is: What should I have done differently, and do I still have a case? The ticket was supposed to be dismissed after I never got the information that the court ordered. Can I still ask for a retrial or something?

[Zigner]

Originally Posted by russ0519

My question is: What should I have done differently, and do I still have a case? The ticket was supposed to be dismissed after I never got the information that the court ordered. Can I still ask for a retrial or something?

You SHOULD have responded to the many notices that were sent to you.

[russ0519]

Originally Posted by Zigner

You SHOULD have responded to the many notices that were sent to you.

I would've if I have gotten any. I have received ZERO notices except the notice from the court that the cops should be sending the info about my ticket to me. I no longer live at the address that is on my license, and therefore on the ticket, but I provided the correct address when I sent the ticket in, and the court letter had the correct address on it (and said to send the info to my correct address).

[Zigner]

Originally Posted by russ0519

I would've if I have gotten any. I have received ZERO notices except the notice from the court that the cops should be sending the info about my ticket to me. I no longer live at the address that is on my license, and therefore on the ticket, but I provided the correct address when I sent the ticket in, and the court letter had the correct address on it (and said to send the info to my correct address).

But, you never notified the DMV (as required) of your new address?

[fairisfair]

your bail was forfeited and applied as the fine for your ticket.

What should you have done?
Obeyed the speed limit
Filed a change of address with motor vehicle
been proactive regarding your court dates.

Can you ask for a retrial? You can ask, and also for a pony, and for world peace

It's over, you broke the law, you paid the price. done deal.

[russ0519]

Originally Posted by Zigner

But, you never notified the DMV (as required) of your new address?

Do you know how long it takes to get through to anyone at the local DMV in NYC?

[You Are Guilty]

Originally Posted by russ0519

Do you know how long it takes to get through to anyone at the local DMV in NYC?

Well, let's see. I was able to get my motorcycle permit (including taking the test) in under 60 minutes; returned a set of plates in approximately 60 seconds (it took longer to put them in the bag thanto get the receipt); and update my address in about 20 minutes, all at a busy downtown Manhattan office. I guess my answer would be "yes".

Had you actually filed a timely notice of change of address, you might have had an argument, but even that glimmer of hope is gone due to your failure to properly notify the DMV. (It could be worse, you can get an actual ticket for not properly updating your address within XX days of moving (I think it's 10)).

[Zigner]

Originally Posted by russ0519

Do you know how long it takes to get through to anyone at the local DMV in NYC?

Seems to me that it's the cost of postage and a few minutes time...