***HELP*** Got Ticketed, and I have my trial date coming up real soon.

JohnSmith wrote:

> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

Knowing where and when to drive significantly faster than the posted
limit is an acquired skill. You need to know where police are likely to
hide and you should be alert while driving. If this was after dusk,
then driving 103 mph is foolhardy due to the fact that you're really
outdriving your headlamps.

> There is also an option of requesting a deposition,
> which I don't know what it is anyway.

IIRC, if you request it, the police agency has 30 days to provide you
with a copy of it. I believe it outlines the case against you. Alex
Rodriguez would probably be able to explain it better.

> I would like to know what happens if I plead guilty,

http://www.state.ny.us. You should be able to look up the relavent
statutes in NY State code or the equivalent.

> and what will happen if I plead not guilty.

They would set a court date. The first may be a preliminary hearing
meaning that you'll have to go to court again for the trial at a later date.

> I have to pay?

If you're convicted. Even if you decide to appeal (and I don't know if
you'd be able to do it unless they have an entirely new trial instead of
one where procedural errors in the first trial were brought up.

> What if I just don't pay it? What happens?

You license will be suspended and a bench warrant in your name will be
issued. That means the next time you're pulled over, you'll be
arrested. It's possible that they'll seek you out and arrest you at
your residence as well.

> Another thing, will I be able to make my licanse now?

It shouldn't go on your record until you're convicted or they receive
your guilty plea.

> (Note: My court date is coming up soon, and I need the info real fast
> please)

Try asking for a continuance, but wait for Alex's reponse because I
don't know how that will affect the 30 day time limit that the police
agency has to provide you with a copy of the supporting deposition (if
you requested it).

You might also consider joining the NMA (http://www.motorists.org) and
renting their legal defense kit, though I'm not sure if you can sign up
if you're under 18.

JohnSmith wrote:

> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

Knowing where and when to drive significantly faster than the posted
limit is an acquired skill. You need to know where police are likely to
hide and you should be alert while driving. If this was after dusk,
then driving 103 mph is foolhardy due to the fact that you're really
outdriving your headlamps.

> There is also an option of requesting a deposition,
> which I don't know what it is anyway.

IIRC, if you request it, the police agency has 30 days to provide you
with a copy of it. I believe it outlines the case against you. Alex
Rodriguez would probably be able to explain it better.

> I would like to know what happens if I plead guilty,

http://www.state.ny.us. You should be able to look up the relavent
statutes in NY State code or the equivalent.

> and what will happen if I plead not guilty.

They would set a court date. The first may be a preliminary hearing
meaning that you'll have to go to court again for the trial at a later date.

> I have to pay?

If you're convicted. Even if you decide to appeal (and I don't know if
you'd be able to do it unless they have an entirely new trial instead of
one where procedural errors in the first trial were brought up.

> What if I just don't pay it? What happens?

You license will be suspended and a bench warrant in your name will be
issued. That means the next time you're pulled over, you'll be
arrested. It's possible that they'll seek you out and arrest you at
your residence as well.

> Another thing, will I be able to make my licanse now?

It shouldn't go on your record until you're convicted or they receive
your guilty plea.

> (Note: My court date is coming up soon, and I need the info real fast
> please)

Try asking for a continuance, but wait for Alex's reponse because I
don't know how that will affect the 30 day time limit that the police
agency has to provide you with a copy of the supporting deposition (if
you requested it).

You might also consider joining the NMA (http://www.motorists.org) and
renting their legal defense kit, though I'm not sure if you can sign up
if you're under 18.

On Thu, 02 Dec 2004 16:48:27 -0500,
(JohnSmith) wrote:

>Hello everyone.
>
>I got a ticket last week for sppeding. I got what's called a "Uniform
>Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
>have a license, but a learners permit. I never got a ticket (Which may
>be the reason I was driving at that speed...)

And you didn't think that 40 mile over the limit might get you a
ticket?

Be thankful you don't live where I do, or you'd have gone directly to
jail (without passing "Go" and without collecting $200).

I don't know anything about NY law, but in many states that is too
fast to be allowed to take defensive driving in lieu of paying the
fine.

But it ain't the end of the world - unless you get really lucky,
you'll either pay a big-assed fine or pay a big-assed lawyer, possibly
both.

Sometimes tickets get "lost" in the system, and sometimes courts will
dismiss a ticket if the cop doesn't show although in some places, a
no-show by the cop just means you get to come back later.

Chalk this one up to experience and decide for yourself if you can
afford to keep driving that fast.

On Thu, 02 Dec 2004 16:48:27 -0500,
(JohnSmith) wrote:

>Hello everyone.
>
>I got a ticket last week for sppeding. I got what's called a "Uniform
>Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
>have a license, but a learners permit. I never got a ticket (Which may
>be the reason I was driving at that speed...)

And you didn't think that 40 mile over the limit might get you a
ticket?

Be thankful you don't live where I do, or you'd have gone directly to
jail (without passing "Go" and without collecting $200).

I don't know anything about NY law, but in many states that is too
fast to be allowed to take defensive driving in lieu of paying the
fine.

But it ain't the end of the world - unless you get really lucky,
you'll either pay a big-assed fine or pay a big-assed lawyer, possibly
both.

Sometimes tickets get "lost" in the system, and sometimes courts will
dismiss a ticket if the cop doesn't show although in some places, a
no-show by the cop just means you get to come back later.

Chalk this one up to experience and decide for yourself if you can
afford to keep driving that fast.

"JohnSmith" > wrote in message
...
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit.

Wow! When I had my learner's permit, I was all like 35 mph in a 45 zone.
Kudos.

> On the ticket there is a date when I should appear in court. I do not
> and cannot drive there, because it's like a 5-6 hour drive....

> I live in NY, and the incident occured in NY too.

So it's what, six hundred, six hundred-twenty miles away? I didn't know New
York state was that big.

(Sorry, couldn't resist. Good luck and glad you're not coming up on my rear
bumper.)

--

Robert

"JohnSmith" > wrote in message
...
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit.

Wow! When I had my learner's permit, I was all like 35 mph in a 45 zone.
Kudos.

> On the ticket there is a date when I should appear in court. I do not
> and cannot drive there, because it's like a 5-6 hour drive....

> I live in NY, and the incident occured in NY too.

So it's what, six hundred, six hundred-twenty miles away? I didn't know New
York state was that big.

(Sorry, couldn't resist. Good luck and glad you're not coming up on my rear
bumper.)

--

Robert

In article >,
JohnSmith > wrote:
>Hello everyone.
>
>I got a ticket last week for sppeding. I got what's called a "Uniform
>Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
>have a license, but a learners permit. I never got a ticket (Which may
>be the reason I was driving at that speed...) and I have no idea what
>my options are. On the back of the ticket there is a little form to
>fill out in case I want to plead guilty, and another one if I want to
>plead not guilty. There is also an option of requesting a deposition,
>which I don't know what it is anyway. I would like to know what
>happens if I plead guilty, and what will happen if I plead not guilty.
>On the ticket there is a date when I should appear in court. I do not
>and cannot drive there, because it's like a 5-6 hour drive.
>BTW, if I plead guilty, what happens? Will I get an amount of how much
>I have to pay? What if I just don't pay it? What happens?
>Another thing, will I be able to make my licanse now?
>I live in NY, and the incident occured in NY too.


Next time plead not guilty and mail in the request for a
supporting deposition _within 48 hours_ after you get the
ticket.

The date on the ticket may be the date of arraignment rather
than trial. Trials are usually months later, not a week or
two.

You have five choices: ignore the ticket, show up, plea
bargain over the phone, hire a lawyer to appear for you,
or plead guilty by mail.

If you ignore the ticket you're in trouble. Don't do that.

You don't want to show up, so scratch that option. In New
York traffic court it is customary to reward defendants who
show up with a chance to plead guilty to a reduced charge.

It is possible that the police department or prosecutor would
make a deal over the phone -- plead guilty to 20 over and save
the court appearance for both of you -- but I doubt it, especially
if you're a kid sounding confused and desperate.

So you're down to two options, a lawyer or a straight guilty plea.

A lawyer will be able to get the ticket reduced to a lesser
offense and you don't even have to show up. The usual deal
varies by court. You might get it reduced to 20 over, you
might get it reduced to non-speeding. A lawyer could also
defend the case for you and see what happens.

Or you can throw yourself on the mercy of the court and mail
in a guilty plea. The court will let you know the sentence.
Worst case is 30 days in jail. Best case, and more likely,
is a $450-$700 fine.

But the fine isn't the end of the story. Because you got the
ticket after November 17, the new points tax is in effect. In
order to help balance the budget, the state added an extra fine
for traffic violations based on the number of points. A speeding
ticket for 30+ over the limit is eight points, costing you $150
per year for three years on top of the fine. So you're looking
at paying $1000 to the state plus a lot more to your insurance
company if you just plead guilty.

The points tax makes a lawyer cost-effective in traffic court.
If the lawyer persuades the court to let you off with 20 over
or less, you get no more than 4 points and avoid the tax.

Note that there are two things that will prevent you from
getting any sort of deal other than guilty as charged:
1. Annoying the cop during the traffic stop
2. Having a case in Traffic Violations Bureau instead
of regular traffic court

--
John Carr )

In article >,
JohnSmith > wrote:
>Hello everyone.
>
>I got a ticket last week for sppeding. I got what's called a "Uniform
>Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
>have a license, but a learners permit. I never got a ticket (Which may
>be the reason I was driving at that speed...) and I have no idea what
>my options are. On the back of the ticket there is a little form to
>fill out in case I want to plead guilty, and another one if I want to
>plead not guilty. There is also an option of requesting a deposition,
>which I don't know what it is anyway. I would like to know what
>happens if I plead guilty, and what will happen if I plead not guilty.
>On the ticket there is a date when I should appear in court. I do not
>and cannot drive there, because it's like a 5-6 hour drive.
>BTW, if I plead guilty, what happens? Will I get an amount of how much
>I have to pay? What if I just don't pay it? What happens?
>Another thing, will I be able to make my licanse now?
>I live in NY, and the incident occured in NY too.


Next time plead not guilty and mail in the request for a
supporting deposition _within 48 hours_ after you get the
ticket.

The date on the ticket may be the date of arraignment rather
than trial. Trials are usually months later, not a week or
two.

You have five choices: ignore the ticket, show up, plea
bargain over the phone, hire a lawyer to appear for you,
or plead guilty by mail.

If you ignore the ticket you're in trouble. Don't do that.

You don't want to show up, so scratch that option. In New
York traffic court it is customary to reward defendants who
show up with a chance to plead guilty to a reduced charge.

It is possible that the police department or prosecutor would
make a deal over the phone -- plead guilty to 20 over and save
the court appearance for both of you -- but I doubt it, especially
if you're a kid sounding confused and desperate.

So you're down to two options, a lawyer or a straight guilty plea.

A lawyer will be able to get the ticket reduced to a lesser
offense and you don't even have to show up. The usual deal
varies by court. You might get it reduced to 20 over, you
might get it reduced to non-speeding. A lawyer could also
defend the case for you and see what happens.

Or you can throw yourself on the mercy of the court and mail
in a guilty plea. The court will let you know the sentence.
Worst case is 30 days in jail. Best case, and more likely,
is a $450-$700 fine.

But the fine isn't the end of the story. Because you got the
ticket after November 17, the new points tax is in effect. In
order to help balance the budget, the state added an extra fine
for traffic violations based on the number of points. A speeding
ticket for 30+ over the limit is eight points, costing you $150
per year for three years on top of the fine. So you're looking
at paying $1000 to the state plus a lot more to your insurance
company if you just plead guilty.

The points tax makes a lawyer cost-effective in traffic court.
If the lawyer persuades the court to let you off with 20 over
or less, you get no more than 4 points and avoid the tax.

Note that there are two things that will prevent you from
getting any sort of deal other than guilty as charged:
1. Annoying the cop during the traffic stop
2. Having a case in Traffic Violations Bureau instead
of regular traffic court

--
John Carr )

In a previous posting, (JohnSmith) had
the audacity to say:

:Hello everyone.
:
:I got a ticket last week for sppeding. I got what's called a "Uniform
:Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
:have a license, but a learners permit.

Hmmph... I have no issue with [someone] driving at 100+ mph
under the right conditions, but it might be a good idea to wait
until one's actually licensed to drive before contemplating it.

I remember when I first was a learner quite vividly, and I was
out on the highway within a few lessons. A (legal) 75 mph was
plenty enough at that time! In fact, my instructor basically had
to force me to drive 75 mph; I was more comfortable with a 60
mph cruise, and that is where I would have sat had he not nailed
the "co-pilot's loud pedal".

:I never got a ticket (Which may
:be the reason I was driving at that speed...) and I have no idea what
:my options are.

What Garth said. In most jurisdictions I'm familiar with, your
privilege to drive would be gone if convicted of driving at 100
mph on a learner permit, so good luck to you. You may need it.

Note: My court date is coming up soon, and I need the info real fast
lease)

Start praying...

--
E.R. aka SJG aka Ricardo
present location: vancouver bc canada
refugee from the european union's evil bureaucracy

In a previous posting, (JohnSmith) had
the audacity to say:

:Hello everyone.
:
:I got a ticket last week for sppeding. I got what's called a "Uniform
:Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
:have a license, but a learners permit.

Hmmph... I have no issue with [someone] driving at 100+ mph
under the right conditions, but it might be a good idea to wait
until one's actually licensed to drive before contemplating it.

I remember when I first was a learner quite vividly, and I was
out on the highway within a few lessons. A (legal) 75 mph was
plenty enough at that time! In fact, my instructor basically had
to force me to drive 75 mph; I was more comfortable with a 60
mph cruise, and that is where I would have sat had he not nailed
the "co-pilot's loud pedal".

:I never got a ticket (Which may
:be the reason I was driving at that speed...) and I have no idea what
:my options are.

What Garth said. In most jurisdictions I'm familiar with, your
privilege to drive would be gone if convicted of driving at 100
mph on a learner permit, so good luck to you. You may need it.

Note: My court date is coming up soon, and I need the info real fast
lease)

Start praying...

--
E.R. aka SJG aka Ricardo
present location: vancouver bc canada
refugee from the european union's evil bureaucracy