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  #1  
Old 05-30-2009, 04:44 PM
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Join Date: May 2009
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Traffic Violation w/ Junior License in New York


Hello,
I live in upstate New York and I recently got into a traffic violation and I would like to learn what I can do about it. I got my Junior License in about January after taking a 5 hour pre-licensing course and then passing my road test. Today, I drove to the movies and did not drive back until about 11:30 PM. As I was driving home, I drove approximately 7 or 8 miles over the speed limit until I got to a yellow light. At the yellow light, I sped up a little bit and passed an intersection where the light began to turn red. After this, I was pulled over by a police officer and when asked for my license, I handed it over to him. He asked me my age, and I replied that I was 17 years old. After this, I was given three tickets; one for driving over the speed limit by 10 mph, one for running a red light, and one for driving after 9:00 PM with a Junior License.
So, I guess my question is what should I do next? How much will I have to pay in fines? I looked online and it said that speeding for the range of 1 mph to 10 mph is about $90 to $150 and tickets for running a red light is about $50 to $100 for first time offenders in my area. However, I did not find any fine costs for the Junior License issue.
I honestly did not know that I was restricted to not drive after 9:00 PM. I did not realize that taking a 5 hour course would only give me a junior license. However, right now, I am worried that my license may be taken away from me.
I also have a few “points”, I would like to make about each violation I had. For the speeding one, I would like to say that I drove over the speed limit by, as I said, 7 to 8 mph until I got to the yellow light. This caused me to speed up a little more to pass the yellow light, which turned red, by increasing the speed to 10 mph. I would like to state that many people drive past the speed limit and that passing a yellow light is legal. However, I do understand that even if you drive over the speed limit by just 1 mph, you can be fined.
As for the Junior License issue, again, I really did not know about the curfew. However, I would like to state that I turn 18 in exactly 24 days. But this, probably would not make a difference.
Anyways, based on my situation and my explanations, can you please help me? Should I try to explain this in court? What is going to happen to me?
Thank-you
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  #2  
Old 05-30-2009, 06:39 PM
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Join Date: Aug 2008
Location: Back in LA LA land
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Can you post the statutes with which you were charged?
Quote:
Originally Posted by Hohenheim051 View Post
However, I did not find any fine costs for the Junior License issue.
That is probably because the judge has some leeway as to how heavy a book he/she might decide to throw at you… Also, my guess is that the penalty will include more than just a monetary fine. Especially with two other traffic violations.
Quote:
Originally Posted by Hohenheim051 View Post
I honestly did not know that I was restricted to not drive after 9:00 PM. I did not realize that taking a 5 hour course would only give me a junior license.
You mean you took a 5 hour course and no one bothered to explain to you during that 5 hours that you have a restricted license?
Either way, ignorance, is not an excuse to violate the law. It is your responsibility as a driver to ensure that you are aware and are in compliance with the rules and regulations.
Quote:
Originally Posted by Hohenheim051 View Post
I also have a few “points”, I would like to make about each violation I had. For the speeding one, I would like to say that I drove over the speed limit by, as I said, 7 to 8 mph until I got to the yellow light. This caused me to speed up a little more to pass the yellow light, which turned red, by increasing the speed to 10 mph
Skip that one in court. Admitting you were 7 to 8 miles per hour will not help you, not will stating that you sped up even more to cross a red light.
Quote:
Originally Posted by Hohenheim051 View Post
I would like to state that many people drive past the speed.
Skip this one too… An officer is not obligated to pull over each and every driver. And just because other people do it does not make it legal.
Quote:
Originally Posted by Hohenheim051 View Post
passing a yellow light is legal.
That is a valid point, however, the officer had to have been under the impression that you entered the intersection on red rather than on yellow. So while you might be bringing a valid point, the officer’s word usually carries more weight when it comes to in court testimony.
Quote:
Originally Posted by Hohenheim051 View Post
However, I do understand that even if you drive over the speed limit by just 1 mph, you can be fined.
Exactly, so use that as your guide when you’re driving…
Quote:
Originally Posted by Hohenheim051 View Post
As for the Junior License issue, again, I really did not know about the curfew. However, I would like to state that I turn 18 in exactly 24 days. But this, probably would not make a difference.
You’re probably right… The infractions were committed while you were 17 and while your license had a restriction. So in advance, Happy Birthday, but it probably won’t help you any…

Quote:
Originally Posted by Hohenheim051 View Post
Anyways, based on my situation and my explanations, can you please help me? Should I try to explain this in court? What is going to happen to me?
I must say that you’ve got a tough one. You have not presented anything to show that any of the violations were unjustified; and having a restricted license makes it even more difficult.

Hang tight though… There are quite a few people on here who are more knowledgeable then I about NY law and their input will surely be much more beneficial to you than mine.

Good luck!
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  #3  
Old 05-30-2009, 06:54 PM
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Quote:
Originally Posted by I_Got_Banned View Post
to cross a red light.
Oops... I meant "to cross a light that was turning red"...

Sorry about that...
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  #4  
Old 05-30-2009, 06:58 PM
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Join Date: May 2009
Posts: 2
Well, I was wondering. How long would it take for the court to inform me on a date to arrive in court? I was given three tickets, but they only said to check either guilty or not guilty and to return by mail, no fine amounts or anything else. Also, I have 15 days to return it to the court. After those 15 days, how long will the court send me information as to how much I have to pay and the decision on my license status?
Also, what happens if, when the court decides to suspend my license, that the decision is given on or after June 22, which is on my 18th birthday? I mean, I read the Junior License booklet and it states that "Your junior permit, license, or privileges will be suspended for 60 days if you are convicted of committing a serious traffic violation (generally three points or more) or two other violations while you hold a junior permit or license." Doesn't the word "convicted" mean that the court has already made a decision? So, wouldn't that mean that even if I was found guilty, it would possibly be too late, as I will be 18 which I believe means my license automatically becomes a Senior License?
I don't know. I guess I'm just trying to find a way to not lose my license for the summer. I have about 2 months left in this state for the summer and then I go off to college.
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Old 05-30-2009, 08:37 PM
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Join Date: Aug 2008
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Quote:
Originally Posted by Hohenheim051 View Post
I read the Junior License booklet and it states that "Your junior permit, license, or privileges will be suspended for 60 days IF you are convicted of committing a serious traffic violation (generally three points or more) or two other violations while you hold a junior permit or license." Doesn't the word "convicted" mean that the court has already made a decision?
No, the court has not made the decision... the "if" part, and although it sits in the middle of that sentence, it is where that entire statement starts and where it ends. Figuratively...
Quote:
Originally Posted by Hohenheim051 View Post
So, wouldn't that mean that even if I was found guilty, it would possibly be too late, as I will be 18 which I believe means my license automatically becomes a Senior License?
Nice try... But it's not gonna happen that way!

Quote:
Originally Posted by Hohenheim051 View Post
I don't know. I guess I'm just trying to find a way to not lose my license for the summer. I have about 2 months left in this state for the summer and then I go off to college.
Hey, look on the bright side.... This could be your last opportunity to explore the "great" public transportation system that is offered in New York State...
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Last edited by I_Got_Banned; 05-30-2009 at 08:41 PM.
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