[a l l a n]

I got a speeding ticket (80mph in 65mph zone) in July in upstate New York. I plead not guilty and applied for traffic reduction later on. Finally got the result today (took about a month) and the speeding charge was reduced to obstructing traffic at intersection. I believe the speeding charge has a max fine of $300 and 4 points whereas the reduced charged has a max fine of $150 and 2 points.

Should I take the offer or get an attorney to get a better deal? The thing is my court date is set for Jan 20th and I can't postpone it any longer.

Btw, I have a NJ license.

[malave53]

I would. I don't know how things work in NY, but in NJ you could just plead guilty to "Unsafe Operations" when you see the prosecutor....it's no points but about $400+...

Your best choice is probably taking the offer, taking the two points and pay the buck fifty. Take a few classes and get rid of the points....I know in NJ if you take an 8hr defensive driving class (AAA certified) its is required by NJ state law to apply a small (5% I believe, correct me if I am wrong) discount to your insurance....

[E90330iS]

we dont have that system in cali..

[dhan]

gees 4 points for that?

[demosthenes]

In California, the DMV has the right to suspend or revoke your driving privileges if you accumulate a certain number of points over a period of time.

• Four points within a 12-month period

• Six points in a 24-month period

• Eight points in a 36-month period

[monkeyboy]

Did you request (and receive) a supporting deposition ?

In Upstate NY, I've manage to avoid several tickets turning into fines+points. The last one, the officer failed to file the requested supporting deposition within the time allotted. Quite often the officer fails to appear in court. Or you talk to the DA and often the charges are reduced to a non-moving violation (e.g. $25 fine, no points).

In the case of speeding tickets, there are often circumstances that you can cite that call into question the validity of the charges (e.g. position of the officer relative to you, method of determining speed, other cars close to you, etc, etc). But you need the supporting deposition to help you figure out how best to make your case based on what the officer actually has on you...

[a l l a n]

I actually meant to post this to the NY/NJ regional section.

One thing I forgot to mention is I have an NJ driver's license.

[a l l a n]

Originally Posted by malave53

I would. I don't know how things work in NY, but in NJ you could just plead guilty to "Unsafe Operations" when you see the prosecutor....it's no points but about $400+...

Your best choice is probably taking the offer, taking the two points and pay the buck fifty. Take a few classes and get rid of the points....I know in NJ if you take an 8hr defensive driving class (AAA certified) its is required by NJ state law to apply a small (5% I believe, correct me if I am wrong) discount to your insurance....

I believe moving violations commited in NY by NJ drivers are automatic two points. Guess I can accept this reduced offer an try to erase it by taking those lessons.

Originally Posted by monkeyboy

Did you request (and receive) a supporting deposition ?

In Upstate NY, I've manage to avoid several tickets turning into fines+points. The last one, the officer failed to file the requested supporting deposition within the time allotted. Quite often the officer fails to appear in court. Or you talk to the DA and often the charges are reduced to a non-moving violation (e.g. $25 fine, no points).

In the case of speeding tickets, there are often circumstances that you can cite that call into question the validity of the charges (e.g. position of the officer relative to you, method of determining speed, other cars close to you, etc, etc). But you need the supporting deposition to help you figure out how best to make your case based on what the officer actually has on you...

The police officer included the supporting deposition when I got the ticket.

[Haywire]

im pretty sure they can bump it back up to the original if you take it to court... unless youre feeling REALLY confident, i suggest you take the officers kind gesture instead of throwing it back in his face.

[a l l a n]

Originally Posted by Haywire

im pretty sure they can bump it back up to the original if you take it to court... unless youre feeling REALLY confident, i suggest you take the officers kind gesture instead of throwing it back in his face.

It's definitely possible but that's not the way it works. The traffic reduction is a way to fight a ticket without appearing in court. The local court will let you bring your case to the DA to try to get a decision (hopefully favorable) outside of the court. If you accept the DA's offer, you submit it to the local court and the court will also accept it. If not, you continue your not guilty plea and let the local court decide your case.

[777ER]

Originally Posted by a l l a n

I believe moving violations commited in NY by NJ drivers are automatic two points. Guess I can accept this reduced offer an try to erase it by taking those lessons.



The police officer included the supporting deposition when I got the ticket.

NY points won't transfer to NJ, same goes for the other way around.

They do not have a collateral agreement between those states.

Very few states have agreements with other states over points...point is every state point system laws varies and there is no formula or way to 'convert' them.

NY has a agreement with Ontario, Canada on the points system.

Whatever you read on the NY or NJ ticket that points will be issued in your state, is just pure BS. My traffic lawyer advised me on that and proven it.

I got a speeding ticket in NJ, plead not guilty...court sent me a trail date. I called my lawyer and he post-poned it for more time to research, court sends me a warrent in mail. I called lawyer and he told me not to worry about it as the court made a mistake.
A week later I get a new trail date, and a letter saying bail is not required
then a few days another warrent comes in the mail...again a call to the lawyer and he goes to court to find out what the hell is going on.

Apparently some court clerk screwed up as they have this automated system that mails out notices and it kept on doing it.


I would take the offer you got and don't worry about the points.

Or don't drive in NY again if you decide not to pay and a warrent is out

[exidisjon]

Many people told me NY points gets transfered over to NJ but i have gotten MANY speeding tickets in NY and points never carry over.

Just pay for the ticket and im pretty sure it wont transfer over.

[a l l a n]

Originally Posted by 777ER

NY points won't transfer to NJ, same goes for the other way around.

They do not have a collateral agreement between those states.

Very few states have agreements with other states over points...point is every state point system laws varies and there is no formula or way to 'convert' them.

NY has a agreement with Ontario, Canada on the points system.

Whatever you read on the NY or NJ ticket that points will be issued in your state, is just pure BS. My traffic lawyer advised me on that and proven it.

Or don't drive in NY again if you decide not to pay and a warrent is out

You're right on the out-of-state tickets for NY drivers. New York does not recognize out-of-state tickets (except from Ontario and Quebec). But New Jersey recognizes all out-of-state moving violations as 2 points.

See this link.
http://www.redlichlaw.com/traffic/ne...g-tickets.html

Originally Posted by 777ER

Or don't drive in NY again if you decide not to pay and a warrent is out

Hahaha. Unfortunately I drive to NY a few times a week so I can't avoid it. But I might just take the DA's offer and go from there.

[a l l a n]

Originally Posted by exidisjon

Many people told me NY points gets transfered over to NJ but i have gotten MANY speeding tickets in NY and points never carry over.

Just pay for the ticket and im pretty sure it wont transfer over.

Hmm. Interesting. Maybe the lawyer I quoted in my previous post is just BS'ing? But yeah I'm most likely to accept the reduced offer.

[MikeMidd]

Who pulled you over? State trooper, or county sheriff/city police? That shifts things around. It used to be that certain localities in Upstate NY, including my hometown, were notorious for letting you plead down to fewer points but more money. They didn't give a darn about the state points system, but a little extra cash in the city coffers was much appreciated.

I'd be inclined to take the deal. It's a weak charge with a lower fine. Two points on the insurance shouldn't be a huge hit. You might be able to get off with something lower/cheaper if you hit it lucky, but I think this is pretty good. And saves you the hassle of attorney and having to take time off to head to court.

[a l l a n]

Originally Posted by MikeMidd

Who pulled you over? State trooper, or county sheriff/city police? That shifts things around. It used to be that certain localities in Upstate NY, including my hometown, were notorious for letting you plead down to fewer points but more money. They didn't give a darn about the state points system, but a little extra cash in the city coffers was much appreciated.

I'd be inclined to take the deal. It's a weak charge with a lower fine. Two points on the insurance shouldn't be a huge hit. You might be able to get off with something lower/cheaper if you hit it lucky, but I think this is pretty good. And saves you the hassle of attorney and having to take time off to head to court.

It was a state trooper. With my deal, I'm actually paying less and getting a smaller point.

Yep, I have decided to accept the deal.

[Sam12345]

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