Had my day in court today...

[Tekdemon]

Well, I went for the preliminary hearing or arraignment or whatever it's called today...

And the judge told me something like, 82 in a 55? I think that's excessive speeding so you could have your license suspended...
He suggested that I take a driving course first and then go to my court date...

But then I explained that I couldn't be in rochester that long because the school won't let me stay past the 17th...so he said I guess you'll just have to hope the prosecutor shows mercy...

Now I have two problems with this whole thing...
1) Uhh i thought 30 over was excessive in new york?! I don't think you actually lose your license until you get 11 points! Am i wrong? Can someone help me out here?!
2) There's actually no speeding limit posted on that section of the highway, and 3 exits before the speed limit was 65......I'm pretty sure this can factor in if I go and research the laws clearer.
3) The judge seems a little tough...but it seems the prosecutor might be worse!
4) I'm going to pay $30 and take the stupid driver improvement course this Saturday anyway...it's before my court date so I don't think it's a problem at all...

So I figure even *if* the prosecutor tries to charge me with some law I don't know about that lets them suspend my license, doesn't the 4 point reduction help me? I'm really confused as to why the hell the judge said it was excessive, and I think he probably just thought I was 37 over and not 27...?

Does anybody know the NY Speeding laws better? The DMV website lists this as a 6 point offense!

[2k3vbpEP]

Not sure about your case but it is probably the basic speed law that they are using. Was it a construction zone? f it isn't posted a construction zone on a hwy is 55.

[ThickMick]

Fear not my friend. Their aim is to scare you, so don't be intimidated by their bullshit. Those people are the scum of the earth, the only thing they want is your money and the quicker you submit, the better for them.

They have to prove beyond a reasonable doubt that you exceeded posted speed limit. You are innocent until proven guilty, even in stupid traffic court, unless you admitted before a judge you did it.

As far as suspending your license, remember they want to scare you, so as you already probably gathered, that was an idle threat.

Their are numerous sources on the web regarding fighting traffic tickets. Do a google. As far as winning, I can only tell you about my experience and I hope it helps.

I was pulled over on Riverside Drive (50 in a 35) and went to the traffic court on 125th to fight it. The judge and cop were big assholes. When it was my turn the cop got up there and started spewing out his account of what happened. He was talking really fast.

I was scared, but I managed to squeak out "objection your honor, I don't understand what the officer is saying", immediately the judge yells "are you a lawyer? ARE YOU?!", "no your honor, I'm just trying to exercise my rights", he looked at me with this annoyed face and the cop looked at me like, "how dare you interrupt me", nevertheless the judge told the cop to slow down, but Mr. Tough Guy continued to talk fast and at the end of his testimony the judge looked up slowly and said, "I'm gonna dismiss the ticket, I told you to slow down and you didn't, case dismissed".

Man, let me tell you, what a feeling. I walked out of there like a champ. I thought the cops head was gonna explode. Point of this story is not to brag, but to say there is hope. Do research and fight the ticket. Don't listen to the shysters, DA, cops, or your friends, do your own research, some simple preperation and you can beat it.

When the cop gets up there, object everytime you don't understand or find his testimony questionable. Don't be annoying, but object. The cop is a witness, so you have a right to question him, when its your turn to speak. A lot of people talk to the judge, but he is there to judge and listen to testimony. If you can establish reasonable doubt in the judges mind, you'll win and you can do that by questioning the cop with things like, what color car do I have?, what is the make and model?, how many other cars were on the road that day?, shit like that. Do some research. There's plenty of resources out there to help.

Remember, you are innocent until proven guilty, INNOCENT! Go in there with that mind set. It is your right. They expect you to submit, the system is set up that way. Usually, like with any bully, if you fight back (even a little) you'll win.

BTW, I ain't no lawyer, I'm giving you an honest account of what happened to me and info from research that I personally did. I want you to win, but I can't guarantee that you will with what I told you.

Good luck and I hope you win one for the good guys.

[Tekdemon]

OK, I'm gonna take the driver improvement course, then spend the beginning of next week researching the specific law the cop booked me on(dammit they took my ticket so I don't actually have a copy...will go to the courthouse again to get one) then check out what exactly I have to do...

I will probably try to point out the utter lack of posted speed limit signs near that exit plus the fact that the speed limit is 65 about 2 exits prior to my stop. I would attempt to question the cop and his radar gun but I honestly don't really know enough about radar to fight it on that, plus it'll probably look bad if I'm just BSing...

A question, I thought objections were to what the prosecutor said? Is it actually possible to object to testimony? I really have no idea how courts work myself, I was scared as hell today in court...but I definitely know never to admit guilt(or else I'd be fried)...

*sigh*...strange thing is I saw some girl plead guilty to 61 in a 35...and that's only 1MPH different than my speeding charge and the judge said NOTHING about suspension or anything...what the hell?! I think maybe these guys really *are* a-holes trying to scare me...

And that pisses me off! GRRR!!!

[chakra71]

Good going Thickmick!

Wish my case was that good... on my day in court for a ticket of reckless driving the cop described my car as being a highly modified silver civic COUP with rims/exhaust/lowered/tinted that was burning rubber through an intersection.

I objected and calmy stated that my car was black, 2 weeks old stock, and provided a picture. The judge still found me guilty! And on top of that he fined me the maximum fine, $500 plus court costs! Even in the appeal the new judge didn't want to throw it out... best I could get was a reduced infraction to speeding!

I highly recomend getting a lawyer if you want to fight something. The system is broken, especially in back-woods Alabama. Perhaps I would have never had this problem if i had a mudcrawlin Ford Pickup that could roll right over a little civic.

((takes a deep breath))

but it's over now, back to practicing my stealth driving techniques and setting my cruise 2 mph below the limit... just in case

[ThickMick]

"A question, I thought objections were to what the prosecutor said? Is it actually possible to object to testimony?"

Be polite and review the law, but yes you can object, you are representing yourself against a witness (cop). It is your right. Defense lawyers object to trip up testimony, make them lose momentum. But please review the law, there are certain instances when you can and cannot object. Its easy when you know when to object.

I forget the link to the site where I got info, but put "fight traffic ticket" in google or something and a lot of info comes up. Sometimes u gotta pay $2-5 to download info, but its worth it.

I wouldn't use the "no speeding limit sign arguement", because u are tryng to establish resonable doubt. By saying "I wasn't sure of the speed limit because there were no signs" implies that you might have been speeding. Ignorance of the law doesn't not automatically make u not guilty.

Key is to be polite,wear a suit, be respectful to the cop and judge, but be persistent. Don't worry about being nervous, that might work to your advantage. I know its tough being a student and preparing for this w/ finals and all, but do it. You can't let these people win. Hang in there.

[ThickMick]

"I objected and calmy stated that my car was black, 2 weeks old stock, and provided a picture. The judge still found me guilty! And on top of that he fined me the maximum fine, $500 plus court costs! Even in the appeal the new judge didn't want to throw it out... best I could get was a reduced infraction to speeding! "

That's bullshit and just plain wrong! I hate those people. At least you fought it, but man that gets me worked up!

[S800Racer]

Originally posted by chakra71

I highly recomend getting a lawyer if you want to fight something.

but it's over now, back to practicing my stealth driving techniques and setting my cruise 2 mph below the limit... just in case [/B]

As a practicing attorney, speedfreak and EP owner, I completely agree (natch) about hiring a lawyer. First, it helps us lawyers pay for mods on our EPs:D ;) . Second, a lawyer can tell you when to fight a ticket and when to suck it up and pay a small fine. In 99% of my traffic court cases, we arrange for pleas to non-moving violations that avoid drivers license and insurance points.

[BlasTech]

I was pretty meek and straightforward with a judge back when I was 22, and it worked... I said "The officer suggested that since I have a clean record, I could ask you for a probationary year." A year later the ticket was erased forever. :angel:

If you feel like disputing, one friend of mine hired a lawyer, ane the lawyer just asked to see documented proof that the officer's radar equipment had been properly and recently calibrated... ticket dismissed. :eek:

[blueiedgod]

well, since the last posted speed limit was 65, then the area where you were pulled over was still 65 mph zone. that reduces your violation to 17 miles over the limit. next, you should ask to see cop's calibration record. Another approach is to talk to DA and plea a non-moving violation something called 1011, or something like that. if this is your first ticket ever, then it is the best approach. if you had prior tickets, you can get a mechanic to write you up a recipt that your speedometer was off, and that he has re-calibrated it. this may make your case seem like 70 in 65, which is a much lesser offence.
all they want is you money, all you want not to have points and have insurance skyrocket. find a mutual ground.
good luck

[X 2KS2K]

i got pegged for doing 67 in a 45, which is reckless here in wake county. got a lawyer, he went to court, got it reduced to 9, which didn't hit my insurance. my record was clean so i probably could have done it myself, but the thing only costed me 300 bucks for everything including fine and court. it was well worth not having to worry about it (too much) for a month, and knowing it would be taken care of. plus i didn't have to go to court and get intimidated and scared by those bastards.