Speeding Ticket in NY

[BigIdiot92]

What is the name of your state (only U.S. law)?
New York (lives in New Jersey)

On my way to Toronto, Canada from New Jersey, I got pulled over by the officer. He said my top speed was 85 but he reduced it to 80 on the ticket. It was a 65 mph zone.

This is the first time I've ever gotten a ticket or gotten pulled over (in any state) and I live in New Jersey.

Apparently, 15 miles over is 4 points in NY and I really don't think I deserve that as my first ticket.

What would be the best way to go around this and get the least charge possible?

 

[HighwayMan]

He said my top speed was 85 but he reduced it to 80 on the ticket. It was a 65 mph zone.

That reduction was meaningless but I guess it's the thought that counts.

Apparently, 15 miles over is 4 points in NY and I really don't think I deserve that as my first ticket.

Oh really? What do you think is deserved as your first ticket?

What would be the best way to go around this and get the least charge possible?

Around this? What exactly do you mean?

What agency wrote you the ticket and what city/town/village court is it returnable to? Sounds like it must have been on the Thruway but where?

 

[BigIdiot92]

Sorry, I didn't mean deserved, I just thought that I would get a warning or something since it's the first time I've ever gotten into any trouble. Does that make any difference?

It was on 81-N in Lafayette NY (Onandago County) or something.

What I meant was, what would be my best option. Should I plead guilty or not guilty? Any idea how much the fine would be?

The only other information I can add is that when the officer/state trooper asked me how fast I was going, I said 80-81 and that's documented.

Thanks

 

[HighwayMan]

Sorry, I didn't mean deserved, I just thought that I would get a warning or something since it's the first time I've ever gotten into any trouble. Does that make any difference?

Nope. Your prior record has nothing to do with current enforcement. Would you think it's fair if you had a bad driving record and you were written based on that? Each situation is judged on it's own. Your past has NO bearing on it.

It was on 81-N in Lafayette NY (Onandago County) or something.

Sorry, that's foreign territory to me. Don't know any courts that far north.

What I meant was, what would be my best option. Should I plead guilty or not guilty? Any idea how much the fine would be?

Fine would be around $200 total. It's up to you as to what you want to do. I would try a not guilty and see if you get offered a plea - anything would be an improvement. It's up to you if you want to take the time for that.

The only other information I can add is that when the officer/state trooper asked me how fast I was going, I said 80-81 and that's documented.

So just how was this documented? Did the trooper serve you with a Huntley Notice? You made an incriminating statement - this might make it harder to get a deal.

 

[BigIdiot92]

Well, I obviously can't go to court because it's 4 hours away.

When I called the court, the lady that picked up said that I should plead not guilty and send it in. And then apparently, they send something back to me and I can write a letter to the DA asking to reduce to the charge based on the circumstances (I guess pleading with the fact that it was the first time I've gotten myself in to trouble) but I don't really know what to base it on haha.

I mean I thought a not guilty plea would basically mean going into court but she said I don't have to do that and I would just be able to send a letter to the DA. Pleading guilty would automatically mean 4 points on my license and that's ridiculous!

And it was "documented" based on the fact that it's written on the ticket I received.

 

[asiny]

IMHO get to the court - on the day - and speak with the prosecutor directly. It may make a better impression that you took this situation seriously enough to show up than simply writing a letter.
Discussing if you can plea to a lesser charge might not bring the cost of the fine any lower, but MAY allow it to be a no-points charge.
Bring a cheque, and credit card (if they accept CC), and be prepared to pay whatever the fine may be there and then.

Afterwards - think twice about speeding
(and yes, I was doing 35 in a 30 and got a $400 fine.... my local PD are real tough. But I don't ride 35 in a 30 anymore.)

 

[HighwayMan]

Well, I obviously can't go to court because it's 4 hours away.

So? That's certainly driveable. You WILL absolutely need to appear if there is a trial.

Pleading guilty would automatically mean 4 points on my license and that's ridiculous!

What's so ridiculous about it? That you got caught speeding? You don't seem willing to accept the fact that when you do something like that (whether you did or didn't I can't judge) there are clear penalties. Just because you don't like the penalties does not make them ridiculous.

And it was "documented" based on the fact that it's written on the ticket I received.

The ticket documents no such thing.

 

[BigIdiot92]

It's just written on the bottom of the ticket that when the officer asked me how fast I was going, I said 80-81.

I don't know if the court has any record of that but it's written on the ticket.

Now I was also wondering this - there is a massive flaw in the ticket. Where it says Last Name on the ticket, it says KB but my last name is Anwar and that is not written anywhere on the ticket. I know other criminal cases if there is an error in the write up, the ticket is nullified or something. Is there anyway I could use that to my advantage?

Also, I asked the court, they said I don't need to appear in court. I can plead not guilty and write a letter, but she seemed confused herself so I don't really know what my options are. I really appreciate the help you guys are giving me, so is there anyway you guys could give me a list of options and point out the best one. I really have learned my lesson lol, speeding isn't worth it at all.

Also is it possible for me to plead guilty and maybe attach a letter with it asking for sympathy. I would drive to court but at this point, it's simply not an option. There has to be something else?

 

[asiny]

If you can drive to Canada - you can drive to court.

Options;
1) Appear in court - proving you take the situation seriously. A personal appearance usually reflects better as a lot of inflection and sincerity can be lost in the written word.
2) Don't appear in court - plead not guilty with a 'really good excuse' letter.
You have no way to counter-discuss with the prosecutor as they read the letter and make a decision - could go either way.
3) Please guiltu - with a 'really good excuse' letter - the latter is trashed and the full fine charged, with the 4 points.
4) Get an attorney.

 

[BigIdiot92]

I really wish I could make it to court but I'll be in Atlanta by then because my semester will have started so I guess I can throw that into the letter.

But when you say "really good excuse" for pleading not guilty, do you mean excuse for speeding or just pleading my case in general? Are there any cons for pleading not guilty?

Also what about the name error? The last name is completely wrong. Not even close, I doubt it makes a difference but I was just wondering if I could get off on a technicality?

 

[asiny]

"really good excuse" = pleading your case. Being able to plead your case in person not only allows you to inflect meaning into the words - but also grants you the ability to respond to the prosecutor, should they be on the fence of WHY they should not file the charge as-is.

You could attempt to contact the courts and see if they could move your court date up because you will be 14 hours away in Atlanta starting college.

If, at the end of the day (and it seems that no matter what is said you REALLLLLLLY don't/can't get to court), you want to write a letter be sure to state that you appreciate the severity of the situation but a prior life-committment for your future education is preventing you from being there in person - and that you apologise for the absence. Be very clear in what you are pleading about and how the 4 points would prove to be a financial burden upon you (if that is the case). Be clear about how long you have been driving (the longer, the better) with a clean driving history (the prosecutor may pull an abstract of your licence).

As for the name error - many people attempt that, but if all the other information is correct on the ticket you really have no argument. You can't claim it was not you - when the officer can identify you as the driver they pulled over.

Good luck and - unlike many other people - come back and let us all know what you did and how it turned out... that way this information could prove useful for those in a similair situation when they search the forums.

 

[HighwayMan]

It's just written on the bottom of the ticket that when the officer asked me how fast I was going, I said 80-81.

I don't know if the court has any record of that but it's written on the ticket.

That's ridiculous. There is no space for motorist comments on the face of a Uniform Traffic Ticket.

Now I was also wondering this - there is a massive flaw in the ticket. Where it says Last Name on the ticket, it says KB but my last name is Anwar and that is not written anywhere on the ticket. I know other criminal cases if there is an error in the write up, the ticket is nullified or something. Is there anyway I could use that to my advantage?

Sorry to rain on your parade but that is not a massive flaw. Don't count on it meaning anything that will favor you.

Also is it possible for me to plead guilty and maybe attach a letter with it asking for sympathy. I would drive to court but at this point, it's simply not an option. There has to be something else?

What would you do if you had to appear? If there is a trial you must appear or be represented by an attorney.

Maybe you should call the court again and speak to someone else.