NYS- 50 in a 35.. Help!!

[mfw04071]

Hello everybody!!

My name is Murray and I was on my way home from college for Christmas Break today when I got pulled over for doing 50 in a 35 (it was one of those tricky speed-zone traps within a 55). Nevertheless, should have seen it coming. The officer was nice and I made sure to not incriminate myself. I just want some advice on what to do before I act. I've seen stuff about asking if his radar was calibrated or whatever, but I'll take the fine if I can just get the points on my license waved. In order to get this to happen what should I do/ask for? My thinking: Plead not guilty by mail, then show up to court, and explain my situation? And FYI, I had a clean record as of yesterday

Thanks for your time!

 

[mfw04071]

Also, my ticket says 1180D. What exactly does this mean?

 

[HighwayMan]

1180D is the section of the Vehicle and Traffic Law you were cited for violating. It deals with speeding in a posted zone.

As long as the speed zone was properly posted there is no such thing as a "speed trap" since you had sufficient notice even if you didn't pay attention. What city/town/village court is the ticket returnable to?

By the way, your prior good record >may< help a little, but it depends on the court and, in some cases, the particular judge.

Also, who wrote you the ticket? A police officer or a New York State Trooper?

Don't get hung up on the points - they mean something ONLY to DMV. Insurance companies look at the nature of the conviction, NOT points.

Again, it depends on the court, but you may not be able to avoid points. But I'll explain more after you answer the questions above - just in case I am familiar with the court in question.

 

[NeilTheCop]

To be honest the chances of fighting a speeding ticket where the officer used a radar gun are slim, plus you have just admitted the offense.
If you go to court the officer will come prepared with the latest calibration for the radar gun, his certificate showing he was trained to use it and possibly the certificate from the last update class that he attended.
Remember, this may be your first time in court for speeding but the officer has probably been through the routine hundreds of times, so he will already have the answer to any of your 'defenses'.

 

[HighwayMan]

The officer probably won't be there on the first court appearance and if it's a Trooper he will definitely not be there unless there is a trial scheduled.

 

[not2cleverRed]

Hello everybody!!

My name is Murray and I was on my way home from college for Christmas Break today when I got pulled over for doing 50 in a 35 (it was one of those tricky speed-zone traps within a 55). Nevertheless, should have seen it coming. The officer was nice and I made sure to not incriminate myself. I just want some advice on what to do before I act. I've seen stuff about asking if his radar was calibrated or whatever, but I'll take the fine if I can just get the points on my license waved. In order to get this to happen what should I do/ask for? My thinking: Plead not guilty by mail, then show up to court, and explain my situation? And FYI, I had a clean record as of yesterday

Thanks for your time!

Please elaborate on what you mean by "explain my situation".

 

[adjusterjack]

My thinking: Plead not guilty by mail, then show up to court, and explain my situation?

You'll walk out with a fine and points.

I had a clean record as of yesterday

Good. See if you can take traffic school and keep the ticket off your record and out of the hands of your insurance company. Most insurance companies either surcharge for even one ticket or take you out of the preferred rate class and put you in a higher priced standard rate class.

 

[mfw04071]

Please elaborate on what you mean by "explain my situation".

Well I'd just say 'this is my first offense, and it was an honest mistake with no intention to break the law, so could I have it reduced to a non-moving violation?'

 

[mfw04071]

You'll walk out with a fine and points.



Good. See if you can take traffic school and keep the ticket off your record and out of the hands of your insurance company. Most insurance companies either surcharge for even one ticket or take you out of the preferred rate class and put you in a higher priced standard rate class.

How would I find out if this an option?

 

[mfw04071]

The officer probably won't be there on the first court appearance and if it's a Trooper he will definitely not be there unless there is a trial scheduled.

does this mean a dismissal? and yes it was a trooper

 

[PayrollHRGuy]

does this mean a dismissal? and yes it was a trooper

No it doesn't

 

[Zigner]

Well I'd just say 'this is my first offense, and it was an honest mistake with no intention to break the law, so could I have it reduced to a non-moving violation?'

You misunderstand what "intent" means. You INTENDED to travel that fast. You didn't INTEND to get caught.

 

[mfw04071]

1180D is the section of the Vehicle and Traffic Law you were cited for violating. It deals with speeding in a posted zone.

As long as the speed zone was properly posted there is no such thing as a "speed trap" since you had sufficient notice even if you didn't pay attention. What city/town/village court is the ticket returnable to?

By the way, your prior good record >may< help a little, but it depends on the court and, in some cases, the particular judge.

Also, who wrote you the ticket? A police officer or a New York State Trooper?

Don't get hung up on the points - they mean something ONLY to DMV. Insurance companies look at the nature of the conviction, NOT points.

Again, it depends on the court, but you may not be able to avoid points. But I'll explain more after you answer the questions above - just in case I am familiar with the court in question.

It was in the town of Sardinia, in Erie County. And it was a state trooper.

 

[mfw04071]

You misunderstand what "intent" means. You INTENDED to travel that fast. You didn't INTEND to get caught.

Yeah I know. And I know this matters 0 for a ticket, but I really thought the speed was back up to 45 or 55. If I tried to explain that along with my clean background to a judge, do you think it could get reduced?

 

[not2cleverRed]

Well I'd just say 'this is my first offense, and it was an honest mistake with no intention to break the law, so could I have it reduced to a non-moving violation?'

I don't think that will fly. It is expected that you are aware of speed limits at all times.

(That said, I've never figured out the speed limit on County Route 105 (Suffolk). They've never gotten around to posting signs.)

It would be more compelling if you looked into Jack's advice.