Any help for red light ticket in White Plains, NY

[jso123]

What is the name of your state (only U.S. law)? NY

Hello,

I received a "uniform traffic ticket" for running a red light in White Plains, NY this AM. I thought I would be able to make the light, but perhaps I didn't. At least I did not see it as red when I passed it. The summons did not say what the fine is. Money is tight. Can anyone suggest a way for possibly getting this reduced or dismissed? Is practical to contest as a DIY?

Thanks for any suggestions.

 

[HighwayMan]

City traffic court in White Plains is kind of a joke. They don't seem to mind letting everyone plea down to nonsense charges. Do not get an attorney - it's a waste of money.

Plead not guilty and go to court on the scheduled date. It should be no problem whatsoever getting the charge reduced. You even stand a very good chance of getting it reduced to a non-moving violation.

Of course, every judge is different, but the few times I have been there they seem to go out of their way to plea to avoid trials.

 

[jso123]

Thanks for the advice

Thanks Highway Man! I'll do exactly that.

The last time I contested a traffic ticket was about 10 years ago in Stamford CT. They reduced the fine by 50% and allowed me to pay the remaining 50% to a charity of my choice. If I could be that lucky again, I'd be thrilled.

 

[HighwayMan]

Things don't work that way in New York State, but you should end up okay.

Please post an update with your results.

 

[jso123]

call me Perry Mason...

OK, I've returned the summons with the "not guilty" checked. Haven't heard back from them yet. For what its worth, a friend in my office said they may well reduce the charge to something with out points, but still demand payment of the ticket ( $100 ? anyone know? ) plus court fee. ( anyone know?) It seem that revenue is the main issue.
.
I checked with my insurance broker and he said that I should not be concerned with "points" incurred out of state ( I live in CT) because points only affect insurance rates if I am in a risk pool with bad drivers. My record ( until this summons) was clean.

So, my question now is .... if my concern is mostly to save money, not with points, is this going to be a tougher battle?

I may be in over my head, but I don't think I have anything to lose.

Thanks

 

[HighwayMan]

Money wise you can only get so much of a break. A standard fine is $40 plus a NYS surcharge of $80 for a total of $120. Most people are only concerned about the points, so that's how most courts deal with it.

The red light is a higher fine (I forget now, but I think it's around $100) plus the surcharge, so anything that they reduce it to will help.

There are no "court costs" added on for traffic tickets in NYS.

White Plains tends to be very slow. Make sure the court got your ticket back - don't just assume that it got there.

 

[jso123]

pre-trial hearing date set

I have a hearing date set for 3/17/2010. ( good luck? )

If they do not offer me a break on the fine amount, I think I'll opt for a trial. Since I'm not too concerned about points ( being an out of stater ), does this sound like a reasonable stratedgy?

Thanks

 

[ElvinMelvin]

I think I'll opt for a trial.

does this sound like a reasonable stratedgy?

Depends on what you are planning to present as your defense.

 

[jso123]

It will be my word against the officers. My clean driving record up until this and hope that the officer doesn't show up.

If I am not offered a $, discount in the pre-trial, I don't think I have anything to lose... do I?

 

[FlyingRon]

The officer's word is always considered better than yours.

 

[jso123]

What happened...

Went to traffic court today. A lot of waiting and that song about Alice's Restaurant kept playing in my head. Anyway, the officer at the pre-trial meeting offered to reduce my citation to a non moving violation with no points with the same $150 fine. I respectfully declined.

Next we were all marched into court "B" and when the judge got to my case, he asked why I didn't take the pre-trial offer. I explained and he offered to reduce the fine to $25 plus the "non-negotiable surcharge" and 0 points. He also noted that while he had an open mind, if it is the officer's word against mine at a future trial, I'll probably lose.

I was happy to accept the judges offer. It saved me $45. However, this whole thing took about 2 hours and I had a $3 parking ticket waiting on my car. I think I'll just pay it and cut my losses.

Interesting experience and I am now a bit more cautious at red lights... ; )

 

[WaltinPA]

Thanks for sharing your 'rest of the story.'