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Old 10-25-2009, 04:38 AM   #1
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First speeding ticket, asking some questions.

Hey guys. I got my first ticket tonight. I was going 81 in a 55. Do I need an attorney?

The ticket says that I have to mail them in my plea and the fine amount will be determined by a judicial hearing officer. It doesn't say I have to go to court or anything.

Is this an extra bad ticket or is that normal?
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Old 10-25-2009, 05:36 AM   #2
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If you think you need an attorney, then you do.

Read the information that came with the ticket or contact the Clerk of Courts in the jurisdiction you got the ticket in. They will be able to tell you the proper way to handle the ticket.

81 in a 55...you got what you deserved, but I hope it was fun

You would automatically lose your license in Wisconsin for 15 days.
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Old 10-25-2009, 07:05 AM   #3
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I don't know the law in Ny, but in Pa you would just pay the ticket and find out in a couple of months how many points you get. That would be considered a pretty bad ticket int Pa to be that far over the limit.
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Old 10-25-2009, 07:32 AM   #4
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Originally Posted by WhiteCrane View Post
Hey guys. I got my first ticket tonight. I was going 81 in a 55. Do I need an attorney?

The ticket says that I have to mail them in my plea and the fine amount will be determined by a judicial hearing officer. It doesn't say I have to go to court or anything.

Is this an extra bad ticket or is that normal?
81 in a 55 is pretty bad.. I highly doubt an attorney will be able to do anything for you. Your best bet is the day you go to face the judge, you be very sympathetic and apologize for speeding. If this is your first offense, the judge may give you the option of traffic school which when completed may cut the fine in half or more and no points taken off your license. Well worth it in my opinion.
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Old 10-25-2009, 07:44 AM   #5
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20 over in VA is wreckless driving and you have to appear in court. 6 pts.
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Old 10-25-2009, 08:26 AM   #6
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Originally Posted by WhiteCrane View Post
Hey guys. I got my first ticket tonight. I was going 81 in a 55. Do I need an attorney?

The ticket says that I have to mail them in my plea and the fine amount will be determined by a judicial hearing officer. It doesn't say I have to go to court or anything.

Is this an extra bad ticket or is that normal?
Well if it says excatly what you are saying above, then it sounds like worse case is a crap load of points and a big fine. I would guess that if any more were at risk it would have to tell you, like, if you plead guilty you may lose your license, etc... That said, I would not assume anything!

I would see if the local traffic court has a web site, it is highly likely there is one or more for your area, or call the court or county clerk to see if you can get more information on the ticket.

No matter what I would surf around a little an try to get some information on worse case and read the notice / citation carefully. Also find out if you can mitigate the fine and/or points by going to traffic school for that kind of ticket. 8-16 hours of traffic school is better than even 1 point.

Good luck, I remember my first ticket, speeding also, in "those" days for the speed I was going I had to go to court, but I just got a fine and points.
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Old 10-25-2009, 08:33 AM   #7
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My dear god... I've learned my lesson.
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Old 10-25-2009, 08:34 AM   #8
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Originally Posted by WildClay View Post
Well if it says excatly what you are saying above, then it sounds like worse case is a crap load of points and a big fine. I would guess that if any more were at risk it would have to tell you, like, if you plead guilty you may lose your license, etc... That said, I would not assume anything!

I would see if the local traffic court has a web site, it is highly likely there is one or more for your area, or call the court or county clerk to see if you can get more information on the ticket.

No matter what I would surf around a little an try to get some information on worse case and read the notice / citation carefully. Also find out if you can mitigate the fine and/or points by going to traffic school for that kind of ticket. 8-16 hours of traffic school is better than even 1 point.

Good luck, I remember my first ticket, speeding also, in "those" days for the speed I was going I had to go to court, but I just got a fine and points.
Another thing to bear in mind is that you could go to court anyway and ask for probation instead, since its your first offense.
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Old 10-25-2009, 08:39 AM   #9
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NEVER NEVER NEVER EVER. DID I SAY NEVER EVER.....PLEA GUILTY!

Appear in court and sort it out.






I wrote countless citations. Some for speeding and in the thousands I wrote I only testified on 1. JUST 1 in 12 years as a City Cop. I just never could remember the exact circumstances, I had a very very bad memory and so do many other officers.

But I seem to still remember this super duper huge asshole I met on the side of the road one Saturday afternoon, HHHMMMM.
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Old 10-25-2009, 08:46 AM   #10
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freemaSSon, I actually like police. I was very respectful of the officer. I can't fault a man for doing his job. But anyway I really have learned my lesson.

My sister is an attorney, she'll be helping me. This will be my last speeding ticket. Wow I always thought that pleading guilty was a sign of good faith or something. I'll pay whatever I have to pay but my god, I don't want to lose my license.
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Old 10-25-2009, 08:52 AM   #11
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My sister is an attorney, she'll be helping me. This will be my last speeding ticket. Wow I always thought that pleading guilty was a sign of good faith or something. I'll pay whatever I have to pay but my god, I don't want to lose my license.
PERFECT SOLUTION.

In Texas we have "Deferred Adjudication" which is you plea "No Contest" and are placed on a 90 day Probation and you pay court fees and a penality. If you get no more citations in that 90 days then the original citation is expunged.

Good luck.

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freemaSSon, I actually like police. I was very respectful of the officer. I can't fault a man for doing his job. But anyway I really have learned my lesson.
You completely missed my point if that was what you caught from that tid bit.
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Old 10-25-2009, 09:18 AM   #12
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Originally Posted by WhiteCrane View Post
Hey guys. I got my first ticket tonight. I was going 81 in a 55. Do I need an attorney?

The ticket says that I have to mail them in my plea and the fine amount will be determined by a judicial hearing officer. It doesn't say I have to go to court or anything.

Is this an extra bad ticket or is that normal?
Ok, SInce I grew up on LI and I am a New Yorker and have gotten tickets all over this great state (I drive about 50,000 miles a year, and ride to the top side of the limits), maybe I can help.

I am assuming you got nailed by a State Trooper in either Nassau or Suffolk County. It was 81 in a 55..So 26 over the limit, which earns you 6 points and a hefty fine of approx $200.......depends on the judge.

THEN you get the NY State Drivers assessment fee........what is that you ask?? Extortion I say...........and also a grim reality. If you get 6 points or over in a 18 month period you are assessed this fee. In your case it would be $100 a year for three years (in other words $300 additional). So why should you pay this, you already paid your fine??? I do not know, hence I call it extortion.


Here is info on Drivers Assessment:

http://www.nydmv.state.ny.us/drp.htm


Here is how I handle tickets based on the area you are ticketed.

Any county out side of the 5 boroughs, I plea NOT GUILTY. They send you a court date, you go and the DA plea bargains. That is right, they do not want to waste court and officer time, so they usually cut your speed in half (13 over the limit) and you plead guilty to that. This case 3 or 4 points, and then a smaller fine. Once they show up on your record (30 days) go an take a defensive driving course and it will knock 4 points off your drivers record. Forget excuses, they never ask for them, it is all about the cash.

Here is of places that give the defensive driving, make sure they are state certified and this course gets you 10% off your collision on your insurance:

http://www.citidexli.com/307.htm

Here is info on what it does for you:

http://www.nydmv.state.ny.us/broch/c32a.htm


If you got ticketed in the 5 boroughs of NY City, there is NO PLEA BARGAIN. If you plea not guilty, you go to court with the officer and most likely you will loose. If in NY use this Lawyer, she is EXCELLENT, and X-District Attorney, and very inexpensive. YOu will not even need to go to court, they appear for you. She has an 85% success rate! :

Deborah Ann Magee
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212-422-1080

A speeder in NYCity cost about $185 to fight. She will do a speeder in the burbs and you will not have to waste a day off, they go for you for $500.

They also have a little trick where they postpone the trial, unless they get a favorable judge. If they postpone more than 18 month's the points start from the day you got the ticket, so they never show up on your drivers license point scale. But they do go on your Insurance record scale for 40 months.

She has killed tickets for me in the past.

Remember their are 2 records in NY State.

One is the 18 month drivers license scale. More than 11 points in that 18 months and you get suspended (never happened to me). So it is good to "SAVE" your defensive drivers course point reduction for when you really need it, as you can only take this course once every 2 years.

The second is the NY state INSURANCE Record. This lasts 40 months. ALL CONVICTIONS you receive get stored here for 40 months and there is NOTHING that can remove them.........except time.

Insurance companies mostly access these when you are getting a new policy or when you have an accident claim, sometimes they review you looking for a reason to increase your rate. But if you stay accident free and keep the policy you have, they rarely access this record. If you are a high risk driver (AKA, new driver or previous DWI) they may access this regularly.



I am 40 years old and have learned the system over time to help with my defense. I hope this helps you. Do not get all nervous and worried, it is not worth the energy. Take it, process it, and pay for it, it will not wreck your life, it is all about money................period.
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Old 10-25-2009, 09:46 AM   #13
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Quote:
Originally Posted by WhiteCrane View Post
Hey guys. I got my first ticket tonight. I was going 81 in a 55. Do I need an attorney?

The ticket says that I have to mail them in my plea and the fine amount will be determined by a judicial hearing officer. It doesn't say I have to go to court or anything.

Is this an extra bad ticket or is that normal?
As another member posted : quote:

NEVER NEVER NEVER EVER. DID I SAY NEVER EVER.....PLEA GUILTY!

Appear in court and sort it out.
-------------------------------------------------------------------------
THAT IS THE BEST ADVICE YOU CAN GET!!!!...

Don't get a attorney !!

Plead NOT GUILTY & GO to court.
In NY... you will be approached with a lesser charge to plea guilty to .
NOT what you were charged with (81 in 55)

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Old 10-25-2009, 01:24 PM   #14
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As another member posted : quote:

NEVER NEVER NEVER EVER. DID I SAY NEVER EVER.....PLEA GUILTY!

Appear in court and sort it out.
-------------------------------------------------------------------------
THAT IS THE BEST ADVICE YOU CAN GET!!!!...

Don't get a attorney !!

Plead NOT GUILTY & GO to court.
In NY... you will be approached with a lesser charge to plea guilty to .
NOT what you were charged with (81 in 55)

As I stated above, that advise is fine outside of the 5 boroughs, IF you can afford to take the day off to go to the court. It is time vs. money. The attorney will get you no more than you can get yourself.

The one exception is if you are at the 11 point mark, then take an attorney without question AND show up yourself. This will make the difference in suspension or not.
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Old 10-25-2009, 10:54 PM   #15
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I was at exit 48. (Is that suffolk???)

Wow, thanks guys for your thoughtful replies. Seriously, I was worried about losing my license but you reffered me to the right reading materials and now I see that 6 points can't possibly revoke my license from me.

I was going to lose much sleep but thanks to your help I will rest easy knowing i'm not losing my job from lack of ability to go there!

Thanks everyone.
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Old 10-26-2009, 04:22 AM   #16
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I was at exit 48. (Is that suffolk???)

Wow, thanks guys for your thoughtful replies. Seriously, I was worried about losing my license but you reffered me to the right reading materials and now I see that 6 points can't possibly revoke my license from me.

I was going to lose much sleep but thanks to your help I will rest easy knowing i'm not losing my job from lack of ability to go there!

Thanks everyone.
EVen if you got the full six points (which YOU WILL NOT, if you plea not guilty by mail and show up on the date they send you), you can knock four off by taking a defensive driving course.

ALso remember this. If you get reduced to 3 points and you take the defensive drivers course, it will knock your suspension record down to zero, BUT you loose the benefit of that 1 other point. You do not get a -1. So some of us high milage, high risk drivers wait until we have at least 4 points before using that course to reduce. BUT it does give you 10% off your collision.

ALSO, the defensive driving course does not remove ANY points towrd the 6 it takes to get that DRIVERS ASSESSMENT BS. That is right, the extortion points cannot be reduced!

BTW- If you get over 6 points and get that driver assessment, you either pay your $300 up front, OR you pay $100 a year for three years. And as much as I would have loved to get it over with, I said screw them and made them wait for it. My third and final payment I actually have to make tonight. As if the taxes I pay on my business's and my income, and my house wasn't enough...................not to mention the fine I paid on my tickets................. I have to get out of NY (The Suck you dry state)
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Old 10-26-2009, 07:35 AM   #17
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Being a motor officer who goes to court on a weekly basis, here's your options .
1. Just pay the fine and get the points (not recommended)
2. Traffic school (wipes off the points,you still pay the fine though and school)
3. Elect court. (Plea no contest if the Ofc. Shows up. If he doesn't, your ticket gets dismissed)
Here in S. Florida I find that if you have a very good record,no tickets in the last few years, our hearing officers/judges won't give you a conviction and you just pay the fine and or court costs.

4. Attorneys are a waste of money. You can do the exact same thing they do. If the officer shows up and you plea NOT guilty, ask to see his laser/radar log and certificate. Or just plea no contest. That's all the attorneys do, save yourself another $80.00.
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Old 10-26-2009, 07:57 AM   #18
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you dont need an attourney. if its your first ticket you will prolly see a fine of over $100.

ive had a similar ticket and fine and my insurance didnt even go up. haha

the attourney wont help you. simplce fact was you were going 81. he cant change that
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Old 10-26-2009, 08:23 AM   #19
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Here's the deal...I'm in NY too...done this plenty of times.

as others said...plea not-guilty...and wait for a court date.

If you know any police officers, have them call the ticketing officer and put in a good word for you...THIS HELPS.

It may take a few years to even get a court date. When you do go...bring cash with you so you can pay your fine that day (they like this). They will plea-bargain with you before you get called up in front of the judge. OR, you may even get lucky and get it dismissed if the officer doesn't show up (not sure if this happens anymore w/ troopers, I think they changed the rules).

With that kind of speed, you'll probably get stuck with some points (and a nice sized fine)...take a defensive driving class (this will take some points off). One of my tickets, defensive driving was part of the plea-bargain...I had to take it and go back to court w/ proof.:( So if you take it ahead of time and bring proof with you, that might help. Also TRY and keep your record clean between now and your court date, should help also.

From what I can remember about "points"...They are retro-active from the date of the ticket (but don't actually show up until your court date). Some points (2 I think) come off every 18months. So if it takes 2 years to go to court, some of the points have already come off your record before they even show up. (kinda confusing, I know). Your license wont get suspended unless you have over 11 points or get 3 speeding tickets within a year. And your insurance shouldn't go up unless there's a change in your policy and they notice the ticket (they wont get automatically notified that you got a ticket).
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Old 10-27-2009, 01:32 PM   #20
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I work for the insurance company. We can't afford to run your motor vehicle record at every renewal. My god, you know that that would cost?

$7.00 times 9 MILLION customers at every renewal??? insane.
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Old 10-29-2009, 06:24 PM   #21
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PERFECT SOLUTION.

In Texas we have "Deferred Adjudication" which is you plea "No Contest" and are placed on a 90 day Probation and you pay court fees and a penality. If you get no more citations in that 90 days then the original citation is expunged.

Good luck.

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You completely missed my point if that was what you caught from that tid bit.
ive done the deferred before , also if thats not available defensive driving takes it off your record in tx
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Old 10-29-2009, 06:32 PM   #22
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ive done the deferred before , also if thats not available defensive driving takes it off your record in tx
"Deferred Adjudication"...we don't have that here in NY.:(

if you get another ticket within the 90 days do you get even worse of a fine?
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Old 10-29-2009, 06:39 PM   #23
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As I stated above, that advise is fine outside of the 5 boroughs, IF you can afford to take the day off to go to the court. It is time vs. money. The attorney will get you no more than you can get yourself.

The one exception is if you are at the 11 point mark, then take an attorney without question AND show up yourself. This will make the difference in suspension or not.
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Old 10-29-2009, 06:41 PM   #24
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i dont think so but i didnt get one within the 90 , i think if you get another the 1st one just goes on your record along with the 2nd
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Old 10-29-2009, 09:04 PM   #25
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just go and accept a plea...your guilty so they will lower it to a lower offense with 2 pts or none

just don't do it again...go to the racetrack next time
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