New York State Speeding Traffic Ticket

[anik]

So I was coming home from new york on Friday and got a speeding ticket. I was caught doing 82 miles on a 55 miles zone. I want to fight this and maybe hire a lawyer. What do you think I should do? If I fire a lawyer, can you guys please recommend me one?

Thanks

[Rob MacLennan]

I would suggest asking people who actually live in the area, if you're looking for a referral.

http://www.sportriders.org/

[Fiery254]

Search the local yellow pages and look for traffic specialists. I was quoted $500 to fight mine. I ended up dealing with the ADA myself, got the fine dropped from $360 ish to $180ish and points from 6 to 4. Cost me nothing except a trip to traffic court and a few letters prior to my trip.

http://www.gtamotorcycle.com/vbforum...hlight=upstate


Difference being mine was a local deputy and yours is State Trooper. Your ability to negotiate may be different.

[ViperZ]

Like people said, you have to find a lawyer/paralegal in the area where you got your ticket / where the court is. I got a ticket a few years ago near Rochester, NY. Ended up finding a local lawyer, who charged around 300 bucks to fight for you, or so they say. He ended up getting my ticket reduced from 17 over to 1 over. The problem is that a ticket is still a ticket, and NY provides that ticket info to Ontario. If you have a good record, there is a good chance that the state may reduce your ticket to non-moving violation, which will cost you the same as that ticket, but won't get reported to Ontario MTO.

[Rob MacLennan]

Like people said, you have to find a lawyer/paralegal in the area where you got your ticket / where the court is. I got a ticket a few years ago near Rochester, NY. Ended up finding a local lawyer, who charged around 300 bucks to fight for you, or so they say. He ended up getting my ticket reduced from 17 over to 1 over. The problem is that a ticket is still a ticket, and NY provides that ticket info to Ontario. If you have a good record, there is a good chance that the state may reduce your ticket to non-moving violation, which will cost you the same as that ticket, but won't get reported to Ontario MTO.

In this case he's dealing with a 42 Kmh over ticket, so getting it reduced would be significant. At least he might have another chance to make a mistake, before getting hammered by insurance.

[ViperZ]

In this case he's dealing with a 42 Kmh over ticket, so getting it reduced would be significant. At least he might have another chance to make a mistake, before getting hammered by insurance.

Rob, absolutely, he has to fight this ticket. All I am saying is that if this ticket won't get replaced by the non-moving violation ticket, it will still appear on OP's Ontario driving record. anik, if you were caught near Rochester, I can send you the contact info of the lawyer who worked on my ticket.

[nobbie48]

I sometimes wonder about American judges, DAs etc. Many are elected based on their success rate. A one dollar fine is a successful conviction. Points and record effects are totally different.

[anik]

Thank you so much for replies. When I get my court date, I am thinking of fighting it myself. Is it a good idea? Or will I have better chance if I hire a lawyer?

[turbodish]

Thank you so much for replies. When I get my court date, I am thinking of fighting it myself. Is it a good idea? Or will I have better chance if I hire a lawyer?

For the answers to your questions, ask yourself this. On what basis will you fight it? You already admitted to the cop that "your car has kms and you missed a sign so you were going a little too fast but did not know how fast".

I think based on that stretch that you actually missed more than one sign. Even if the speed limit had not changed from 65mph to 55mph limit many miles earlier, you were still 17 mph over the previous 65mph limit in a state where the state troopers invariably start issuing speeding tickets at 5mph even on the big rural interstate highways. Claiming that you "missed" a sign in such circumstances is unlikely to garner you any sympathy from a NYS judge given the prevailing low tolerance for speeding.

In any case you already admitted speeding to the cop and that is now part of the official record. You admitted not knowing how fast you were going which is also now part of the official record. On what basis will you now be able to challenge the trooper's evidence? Do you have sufficient knowledge of NYS traffic law and legal preactices to try and poke holes in the trooper's evidence given that you have already confessed to speeding?

Your choices are to hire a lawyer who has the expertise to go to trial on your behalf (and even then your roadside confession will already handicap that effort), or to try and negotiate a plea bargain with the town prosector on your own by telephone or by letter. Either way, you're unlikely to come out of this without some serious financial hurt.

[anik]

For the answers to your questions, ask yourself this. On what basis will you fight it? You already admitted to the cop that "your car has kms and you missed a sign so you were going a little too fast but did not know how fast".

I think based on that stretch that you actually missed more than one sign. Even if the speed limit had not changed from 65mph to 55mph limit many miles earlier, you were still 17 mph over the previous 65mph limit in a state where the state troopers invariably start issuing speeding tickets at 5mph even on the big rural interstate highways. Claiming that you "missed" a sign in such circumstances is unlikely to garner you any sympathy from a NYS judge given the prevailing low tolerance for speeding.

In any case you already admitted speeding to the cop and that is now part of the official record. You admitted not knowing how fast you were going which is also now part of the official record. On what basis will you now be able to challenge the trooper's evidence? Do you have sufficient knowledge of NYS traffic law and legal preactices to try and poke holes in the trooper's evidence given that you have already confessed to speeding?

Your choices are to hire a lawyer who has the expertise to go to trial on your behalf (and even then your roadside confession will already handicap that effort), or to try and negotiate a plea bargain with the town prosector on your own by telephone or by letter. Either way, you're unlikely to come out of this without some serious financial hurt.

I really shouldnt have said that. WTF was I thinking? I think I will hire a lawyer and hope that somehow the fine gets reduced and not show up on my ontario record

[Sushii]

I really shouldnt have said that. WTF was I thinking? I think I will hire a lawyer and hope that somehow the fine gets reduced and not show up on my ontario record

Im in the same boat (Speeding ticket wise.) Even if its reduced, it will still show up on your record. Even if its a 1 over. Its still a conviction.

[Agent-Gixxer]

To the OP: What did you do with this ticket? did you hire a lawyer? I got a ticket doing 86 on 65 zone.

[AF4iK]

I've gotten speeding tickets in multiple states including NY, MI, PA and never paid a single one. I tossed them all in the trash. It had no effect on my record up here and I never heard from them again. I am cautious when driving in these states now though.

[F4i_Guy]

Friends dad got a speeding ticket in michigan. Did not pay it. Was convicted in absentia. He was sent a letter with the fine owing, and that if stopped in that state he could be arrested.

[joonuge]

I got one 2 years ago in buffalo 84 in a 55, all you have to do is send a letter to the court saying that you are a Canadian resident and live about 2hrs away from the court, and ask if you can resolve this matter by mail or just have a reduced fine. My ticket was reduced down to 2 parking tickets $100 each and wont show on your record. Works almost every time from what i hear. Its all about the money.......

[joonuge]

I've gotten speeding tickets in multiple states including NY, MI, PA and never paid a single one. I tossed them all in the trash. It had no effect on my record up here and I never heard from them again. I am cautious when driving in these states now though.

There was a new law put in place about this, i believe all the states that borders Canada and some of the more popular canadian tourist routes such as down to florida all share the data with each other so if you dont pay your tickets in the states if can show up on ur canadian record and if your ever caught while in the state you can be arrested for outstanding warrants...

[Rob MacLennan]

I got one 2 years ago in buffalo 84 in a 55, all you have to do is send a letter to the court saying that you are a Canadian resident and live about 2hrs away from the court, and ask if you can resolve this matter by mail or just have a reduced fine. My ticket was reduced down to 2 parking tickets $100 each and wont show on your record. Works almost every time from what i hear. Its all about the money.......

Actually it's about the conviction rate, as DAs are elected down there.

[AF4iK]

There was a new law put in place about this, i believe all the states that borders Canada and some of the more popular canadian tourist routes such as down to florida all share the data with each other so if you dont pay your tickets in the states if can show up on ur canadian record and if your ever caught while in the state you can be arrested for outstanding warrants...

Some of these were after that arrangement with the US was already in place. I am wary of being pulled over in those states again though. I have a childhood memory of my father being taken down to the station because he had an outstanding ticket and he had to pay a fine (probably penalty too). At worst case I guess that's what I'll have to do but at least they didn't show up on my record