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Advice for speeding ticket in new york on highway 495?
Im 18 and i just got my first ticket for speeding on the highway going 80 on a 55, my record is spotless and i happen to be a behaved child( not bragging at all) it was my mistake for doing that and the cop said dont worry we wont take points on your license but we have to issue a ticket where you plead guilty or not guilty and he told me to plead not guilty so what should i do?
5 Answers
- 7 years agoFavorite Answer
If you have a license in New York state - or some States that shares a compact with them, you can get both fines and points.
If you are a NY -licensed driver, 25 over the limit is a $393 max fine, plus 6 points ( >> $100 per yr x 3yrs for driver improvement)
Unless you have no way to show up and fight the ticket, ( or if you had warrants out for your arrest by the time you get to court).. you always want to challenge the ticket.
Plead Not guilty - go to court. In most cases ( in nearly all states, not just NY).. the DA/prosecutor will speak to you and usually offer a plea bargain to downgrade the charge.
25 over the limit is high.. some town DAs won't budge - since it was a major highway, you probably have an appearance in a major city. They will offer you a one- or two- step downgrade..
so instead of 25 over the limit, they may offer you 19 over the limit- still a max fine of $393 ( 300 fine + court costs between $85-93) , but only 4 pts, saving you the 3-year surcharge.
It would take a lot of things in your favor to get it down less than that. The next step down is 10 or less over the limit.. only a $150 fine ( still add court costs), and 3 points.
"We won't take points on your license".. unless you have that one on tape, don't even bother. Challenging the cop directly in court will just make things tougher. Traffic court is NOT a criminal process.. you can have lawyers and judges.. but you are not guaranteed all the protections of a criminal trial. It is a civil ( or regulatory) procedure.
You can't get a jury, and you might not even be able to force anyone to give you information about the ticket.. radar gun type/ certification records, police officer training or prior record of complaints; roadside camera images.. You can ask, but they are not compelled to give you the info, even if it proves your case.
Now, if you are an out of state driver, check with your state motor vehicle dept.
You might be able to pay the full fine, or try to get it downgraded and pay less.. and your state may only assign a standard 2 pts, or none at all.
Source(s): NYS law http://www.safeny.ny.gov/spee-ndx.htm http://www.ticketdefenselaw.com/new-york/traffic-t... - Anonymous5 years ago
You can try setting it for traffic court and hope the cop doesn't show up. If he doens't, immediate dismissal. But he probably will, especially in a small town. If he does show up you're only defense is selective enforcement; the truck was doing 80 and if the cop was ahead of you on the shoulder how did he clock your vehicle through the truck? Why didn't he pull the truck over? And how could you be doing so fast and not run up under the vehicle in front of you? Ask him when he last received training on use of a radar/laser speed detector. Ask when the equipment was last calibrated (if either is more than a year ago you can call in the question of competence and/or equipment failure).
- ?Lv 57 years ago
Plead not guilty. He may not show in court and they dismiss it. If he shows up, he tells his story, you tell yours, the judge believes the cop and you pay the fine and court cost. You might want to see if they have a program, like defensive driving or deferred that you can do. If they do, and you can take it, and don't another ticket in 6 months, it won't go on your record. Most states that have these programs won't let you use them if you are going over 20 mph over the limit.
- JanniceLv 57 years ago
you can go to court and ask for a reduction of the fine, but thsts not guaranteed
your better of just paying the fine and taking traffic school so your insurance doesnt go up.
you might want to search traffic school answers 2014, you find a site with a reviewer and a review of an online traffic school
best of luck
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- JimLv 47 years ago
do exactly what the cop said. If he lied to you take him to court and have him fired. Then file a lawsuit against the state for 1$billion. After that drive any way you want, you will be rich.