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NY Speeding plead down to Failing to Obey a Traffic Control device- help

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justaname

Junior Member
Hi all,

I recently recieved a ticket for 82/65 in the State of New York. I was traveling on a state road in a jurisdiction that actually has a real traffic court, unlike many other townships in the great state of new york *sarcasm*. I live in MA. I can't afford the insurance costs, so I contested the ticket. The assistant DA offered me a reduced charge of Failure to Obey a Traffic Control Device (VTL 1110). I have three weeks to pay or contest this charge. Here are my questions, if anyone could anwser any or all of them, I would really appreciate it.

1) I admitted to the DA that I was driving over the speed limit when I was pulled over, but there is no way I was doing 82. Will my own words be used against me to prove that I wasn't obeying the speed signs? Can I supress this evidence somehow (it is written)?

2) Do I have the same recourse for objecting to this lesser charge as I had in objecting to the original ticket? If I do not agree to the lesser charge, will I simply be tried for speeding? It would be alot easier for them to prove that I was going one mile in excess of the limit and not 82.

3) I talked to the Merit Review Board of Massachusetts and they say that this infraction carries two insurance points. Can I appeal this to the Commonwealth? Is there any grounds for proving that the law in New York should not raise my points in Mass.?

4) In the opinion of the traffic lawyers that frequent this board, would it be worth it for me to spend the money for a lawer, and the gas money to travel to and from MA to fight this case? For a two point infraction my insurance will go up for two years, before dropping back to baseline. This will cost me ~$860. From what I've heard from most lawyers, their time will cost me much, much more. If I do hire a lawyer, what do you think my chances are of winning this?

5) How would I go about stalling my trial date? How do I go about getting a continuance?

Thanks in advance for any help.
 



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