GnBanditoCI5
Junior Member
State = The state of Confusion...LOL
Geographical State = New York (Upstate by Albany)
Hello,
I recently (Oct 6th 2009) got pulled over for ALLEGEDLY speeding, when the state trooper ran my license, it came back as being suspended for not paying the department of motor vehicles so called "driver responsibility fee "
" DMV Info Made Simple - The Unofficial DMV Guide "
I had imposed on me for 2 previous speeding tickets that earned me a total of 6 points on my license.
Quite honestly I FORGOT that I owed this DMV fine , it was issued to me last November 2008.
Anyway, the trooper came back to my car with 2 tickets in hand....1 for Unlicensed driver and 1 for speeding 87 in a 65.
He told me that he was going to allow me to continue driving to my doctors office which was right down the road, and that he was NOT going to arrest me and have the car towed, he outlined that the unlicensed driver was a misdemeanor and that I could be arrested.
However, when I pleaded with him to give me a break on the speeding ticket, he informed me that I was already lucky that I wasn't going to jail, and thus I must suck it up and eat the 87 in a 65.
OK, so again.... the "driver responsibility fee " from DMV was issued in December of 2008, It was a total of $300 < I guess for anyone with 6 or more points you get charged $50 a point for the first 6 points, and $25 for each point over 6 points. My having 6 points = $300
From what I gather, they give you the option of paying the fine all at once, or to break up payments over 3 years, thus making it $100 a year for 3 years.
Ok so anyway....The very next day (Oct 7th 2009) I went down to DMV and paid them $100 to get the suspension lifted. Which by the way, I was informed that I had to pay ANOTHER $100 come DEC 23rd 2009 since the original fine was dated DEC 23rd 2008.
In other words, my paying the $100 now didn't start the clock ticking for my $100 a year option, but rather that the clock started when the fine was issued.
I then came home and mailed out the ticket pleading NOT GUILTY, The state Trooper SUGGESTED that I do so as long as I paid the fine and that the court MIGHT take the lifting of the suspension into consideration and drop the charges. I guess well see eh ?
Ok so there you have it in regard to the Unlicensed driver ticket....
Now on to my MAJOR issue....
Ticket for 87 in a 65
To be 100% honest, I do NOT believe that I WAS driving 87 miles an hour.
I know, I know...NO ONE is ever speeding
However, I happened to be driving on the highway at approximately 4:30 when it was rush hour and everyone was going home etc. And furthermore, I had set my cruise control for approximately. 74-75Mph and I was basically driving WITH traffic.
So unless my Speedo in improperly calibrated, or my cruise control was going berserk...I believe that the MAXIMUM I was going was 77 not 87.
Anyway....
I have been searching the Internet for ways to beat speeding tickets, and came across an interesting procedure to have the ticket thrown out...
According to a few Websites I came across, If you plead NOT guilty and have the case go to trial, the officer MUST show up to court to present the so called EVIDENCE.
Which consists of...
1. Proof that he ticketed ME!! Which I guess his proof is the fact that I HAVE THE TICKET and am at court...LOL
2. Description of the vehicle I was driving at the time of said infraction...Make, Model...License plate # etc.
3. Description of the LOCATION... Street,Highway etc
and now for the most important...
4. Proof of the method that was used to determine that I WAS SPEEDING, wether he was driving behind me and pacing me to determine my speed, or if he was using a radar or laser gun, and (Heres the important part)....that the radar or laser gun was CALIBRATED and WORKING PROPERLY at the time of my ALLEGED infraction.
Ok, so what does this mean....
From what I have read, It means that the officer MUST produce PROOF that the radar/laser WAS/IS calibrated and working properly. I guess that they are issued documents by whoever does the calibration etc.
Furthermore, I guess that he ONLY needs to produce these documents (proof).... IF you ASK for them during his testifying at the trial.
And from what I understand, the chances of ANY officer HAVING these documents on hand at the time of the trial is SLIM TO NONE.
And if he cant produce them, then by LAW the ticket MUST be dismissed .
However, it has been known that sometimes when people ask for the officer to produce these documents, that the judge may sometimes say, he don't HAVE to produce them, or they are not required, or important etc.
And heres the reason for my ongoing rambling in this post....
I am aware that there is a CASE LAW from the supreme court ( Again were talking New York ), that states that the officer MUST, and I mean MUST produce this proof if the defendant ASKS for it, and that again, if he don't, the ticket be dismissed.
And that its in the defendants best interest to have 3 copies ( 1 for yourself, 1 for the judge and 1 for the ADA ) of this case law on hand during the trial in the event that the judge belittles your request.
So, my question is....where can I find this case law so I might be able to print out a few copies?
Again, this is VERY VERY important to me, being that I already have 6 points on my license as it is, and Speeding (21-30 MPH over posted limit): in NY I believe is another 6 points.
New York DMV Point System - Guide to NY DMV Points & Suspensions - DMV Guide
And I heard that not only if a driver gets 11 points on his license, it will get revoked, but furthermore, if you get 3 tickets within an 18 month period that that alone is grounds enough for my license to be revoked.
I don't mean to point out my sob story,as I am sure EVERYONE has legitimate reasons for not wanting their license to be revoked...but...
I have been disabled since 2001 due to HORRIFIC spine issues. C4,C5,C6 and C,7 discs were herniated and compressing my spinal cord, and I had surgery in 2001 complete with titanium rods,ridges and screws in my neck fusing my spine.
However, not only did the surgery not completely fix my pain, as of June 30th 2009 I now have yet ANOTHER herniated disc that's compressing my spinal cord C7-T1 this time.
My point is this...
I live waaaay out in the boondocks, and just to get to my primary doctors office is a 45min drive (which is where I was going to the day I got ticketed..LOL).
And my not having my license would put a HUGE burden on me in that I would NOT be able to get to my doctors at all, Again, I have been disabled since 2001 and live on SSI (disability) and barely am able to pay my rent and such.
So a lawyer to defend me is out of the question, as well as the fines imposed as a result of the ticket etc.
I GREATLY need help here guys, and and ALL help/Advise you guys can provide is very much appreciated.
Again, in review....
1. Is this true that they most likely will dismiss the unlicensed driver ticket since I took care of the fine the very next day and had my license reinstated? Will they take that into consideration ya think ?
2 (And most important) I NEED to find that case law about how the officer MUST provide proof that the radar/laser was properly calibrated and working properly!!
Again, ANY and ALL help is GREATLY appreciated guys, I look forward to your replies!
Thanx again,
Ed
Geographical State = New York (Upstate by Albany)
Hello,
I recently (Oct 6th 2009) got pulled over for ALLEGEDLY speeding, when the state trooper ran my license, it came back as being suspended for not paying the department of motor vehicles so called "driver responsibility fee "
" DMV Info Made Simple - The Unofficial DMV Guide "
I had imposed on me for 2 previous speeding tickets that earned me a total of 6 points on my license.
Quite honestly I FORGOT that I owed this DMV fine
, it was issued to me last November 2008. Anyway, the trooper came back to my car with 2 tickets in hand....1 for Unlicensed driver and 1 for speeding 87 in a 65.
He told me that he was going to allow me to continue driving to my doctors office which was right down the road, and that he was NOT going to arrest me and have the car towed, he outlined that the unlicensed driver was a misdemeanor and that I could be arrested.
However, when I pleaded with him to give me a break on the speeding ticket, he informed me that I was already lucky that I wasn't going to jail, and thus I must suck it up and eat the 87 in a 65.
OK, so again.... the "driver responsibility fee " from DMV was issued in December of 2008, It was a total of $300 < I guess for anyone with 6 or more points you get charged $50 a point for the first 6 points, and $25 for each point over 6 points. My having 6 points = $300
From what I gather, they give you the option of paying the fine all at once, or to break up payments over 3 years, thus making it $100 a year for 3 years.
Ok so anyway....The very next day (Oct 7th 2009) I went down to DMV and paid them $100 to get the suspension lifted. Which by the way, I was informed that I had to pay ANOTHER $100 come DEC 23rd 2009 since the original fine was dated DEC 23rd 2008.
In other words, my paying the $100 now didn't start the clock ticking for my $100 a year option, but rather that the clock started when the fine was issued.
I then came home and mailed out the ticket pleading NOT GUILTY, The state Trooper SUGGESTED that I do so as long as I paid the fine and that the court MIGHT take the lifting of the suspension into consideration and drop the charges. I guess well see eh ?
Ok so there you have it in regard to the Unlicensed driver ticket....
Now on to my MAJOR issue....
Ticket for 87 in a 65
To be 100% honest, I do NOT believe that I WAS driving 87 miles an hour.
I know, I know...NO ONE is ever speeding
However, I happened to be driving on the highway at approximately 4:30 when it was rush hour and everyone was going home etc. And furthermore, I had set my cruise control for approximately. 74-75Mph and I was basically driving WITH traffic.
So unless my Speedo in improperly calibrated, or my cruise control was going berserk...I believe that the MAXIMUM I was going was 77 not 87.
Anyway....
I have been searching the Internet for ways to beat speeding tickets, and came across an interesting procedure to have the ticket thrown out...
According to a few Websites I came across, If you plead NOT guilty and have the case go to trial, the officer MUST show up to court to present the so called EVIDENCE.
Which consists of...
1. Proof that he ticketed ME!! Which I guess his proof is the fact that I HAVE THE TICKET and am at court...LOL
2. Description of the vehicle I was driving at the time of said infraction...Make, Model...License plate # etc.
3. Description of the LOCATION... Street,Highway etc
and now for the most important...
4. Proof of the method that was used to determine that I WAS SPEEDING, wether he was driving behind me and pacing me to determine my speed, or if he was using a radar or laser gun, and (Heres the important part)....that the radar or laser gun was CALIBRATED and WORKING PROPERLY at the time of my ALLEGED
infraction. Ok, so what does this mean....
From what I have read, It means that the officer MUST produce PROOF that the radar/laser WAS/IS calibrated and working properly. I guess that they are issued documents by whoever does the calibration etc.
Furthermore, I guess that he ONLY needs to produce these documents (proof).... IF you ASK for them during his testifying at the trial.
And from what I understand, the chances of ANY officer HAVING these documents on hand at the time of the trial is SLIM TO NONE.
And if he cant produce them, then by LAW the ticket MUST be dismissed
. However, it has been known that sometimes when people ask for the officer to produce these documents, that the judge may sometimes say, he don't HAVE to produce them, or they are not required, or important etc.
And heres the reason for my ongoing rambling in this post....
I am aware that there is a CASE LAW from the supreme court ( Again were talking New York ), that states that the officer MUST, and I mean MUST produce this proof if the defendant ASKS for it, and that again, if he don't, the ticket be dismissed.
And that its in the defendants best interest to have 3 copies ( 1 for yourself, 1 for the judge and 1 for the ADA ) of this case law on hand during the trial in the event that the judge belittles your request.
So, my question is....where can I find this case law so I might be able to print out a few copies?
Again, this is VERY VERY important to me, being that I already have 6 points on my license as it is, and Speeding (21-30 MPH over posted limit): in NY I believe is another 6 points.
New York DMV Point System - Guide to NY DMV Points & Suspensions - DMV Guide
And I heard that not only if a driver gets 11 points on his license, it will get revoked, but furthermore, if you get 3 tickets within an 18 month period that that alone is grounds enough for my license to be revoked.
I don't mean to point out my sob story,as I am sure EVERYONE has legitimate reasons for not wanting their license to be revoked...but...
I have been disabled since 2001 due to HORRIFIC spine issues. C4,C5,C6 and C,7 discs were herniated and compressing my spinal cord, and I had surgery in 2001 complete with titanium rods,ridges and screws in my neck fusing my spine.
However, not only did the surgery not completely fix my pain, as of June 30th 2009 I now have yet ANOTHER herniated disc that's compressing my spinal cord C7-T1 this time.
My point is this...
I live waaaay out in the boondocks, and just to get to my primary doctors office is a 45min drive (which is where I was going to the day I got ticketed..LOL).
And my not having my license would put a HUGE burden on me in that I would NOT be able to get to my doctors at all, Again, I have been disabled since 2001 and live on SSI (disability) and barely am able to pay my rent and such.
So a lawyer to defend me is out of the question, as well as the fines imposed as a result of the ticket etc.
I GREATLY need help here guys, and and ALL help/Advise you guys can provide is very much appreciated.
Again, in review....
1. Is this true that they most likely will dismiss the unlicensed driver ticket since I took care of the fine the very next day and had my license reinstated? Will they take that into consideration ya think ?
2 (And most important) I NEED to find that case law about how the officer MUST provide proof that the radar/laser was properly calibrated and working properly!!
Again, ANY and ALL help is GREATLY appreciated guys, I look forward to your replies!
Thanx again,
Ed
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