Quote:
Originally Posted by WhiteCrane
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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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
Attorney at Law
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.