I got my first ticket. What to do now

[xXGadfly09Xx]

I got pulled over just outside the village dundee in upstate NY. The Officer said I was doing 58 mph (which I agree) when he clocked me on Millard St. The officer was sitting in the cemetery when he clocked me via radar. He told me that since I was doing nearly double the speed limit he was going to write me a ticket. Now I agree I was going 58 but I disagree with the ticket.

He wrote me for doing 58 in a 30 zone but where he got me is a 40 zone. No that doesnt excuse my driving, I accept full responsibility for doing over the speed limit however I think that I should be charged with the right traffic infraction.

The ticket says I can go to court on Nov 7th OR mail in a guilty/not guilty plea.

What happens if I plead guilty, How could I go about asking to have the ticket changed

Essentially what do I do now. I never got a ticket before and to be honest have no idea what I should do because I dont know what I could get sentenced with if I plead guilty.

The next day I drove the same route taking pictures and videos of the route.

Thanks for the advice!


067.mp4 video by xXGadfly09Xx - Photobucket

 

[itSSlow98]

SO he saw you doing 58 in a 30mph zone, but where he pulled you over was a 40mph zone.....is that what your saying?


If so it doesnt mean jack he wrote you the ticket for the right thing. Go to court, tell the judge your sorry, youve never had a moving violation and they might cut you a break.

 

[xXGadfly09Xx]

He saw me in a 40 zone and wrote me for a 30 zone.

He actually wrote me in a 55 zone but thats neither here nor there

 

[oldmodman]

Take all the information regarding exactly where each speed limit sign is with you to court. If the court agrees they should drop the offense to 18 over. Then request traffic school. That way there will be no points on your license, a lower fine, and no increase in auto insurance.
Who knows? The judge may even decrease it further since it is your first violation on record.

 

[xXGadfly09Xx]

Take all the information regarding exactly where each speed limit sign is with you to court. If the court agrees they should drop the offense to 18 over. Then request traffic school. That way there will be no points on your license, a lower fine, and no increase in auto insurance.
Who knows? The judge may even decrease it further since it is your first violation on record.

would photos and videos on my phone be allowed to be shown

 

[oldmodman]

would photos and videos on my phone be allowed to be shown

Call the court or the Judge's clerk and ask them. Every court is different.

 

[jbs$]

You are more than 20 MPH over the posted speed - get a Lawyer.

 

[walked_u_hard]

NEVER plead guilty, EVER. go to court, he will talk to you before hand. ask him what he can do to help you out, they usually work with you and drop the points and just give a fine for a lower speed.

 

[snakeconvert98]

You may to want to check what the laws are for construction zones , looked like you were in one , around here (KY) if you are in one the speed limit goes down no matter what the perment signs say ,,,,,,,,,,,,,

 

[xXGadfly09Xx]

You may to want to check what the laws are for construction zones , looked like you were in one , around here (KY) if you are in one the speed limit goes down no matter what the perment signs say ,,,,,,,,,,,,,

There was no construction zone where I got clocked

 

[Shepp1691]

The citation should have a cross street on it, or a block range, ur best bet is to photograph that area and take that to court.

 

[snakeconvert98]

There was no construction zone where I got clocked

Fine , then don't check ! Quit askin for advice !!!!!!!! Take your lumps and go on !! :shrug: :idea:

 

[Badass_Forever]

Fine , then don't check ! Quit askin for advice !!!!!!!! Take your lumps and go on !! :shrug: :idea:

Well hes right, i watched the video 3 times, there are NO 30mph zones even before where he was pulled over.

 

[xXGadfly09Xx]

Well hes right, i watched the video 3 times, there are NO 30mph zones even before where he was pulled over.

thats what Im trying to fight.

I feel like that 58 in a 40 is nowhere as bad as 58 in a 30 hell thats nearly 2x the speed limit.

If I can get the ticket changed I feel like I can get a lighter penalty

 

[Boomer182]

lawyer up and let them handle it.

 

[testorossa1989]

Oh joy a fellow New Yorker. I got so many tickets in NY lol i have my own lawyer on speed dial. For you always plea not guilty. In NY STATE 3 things can happen, depending on your township.

A) the DA rules, You plea not guilty and show up. You will likely sit down with the DA (district attourney) depending if he or she is in a good mood they will try to work out a PLEA BARGAIN, Example: You get unsafe start (2points) well the DA says hey this kids new no bad history, What would you say to plea of guilt to a 2381 B2 (Blowing a stop sign) you say sure. Then you go before the judge. The judge will say how to you plea to the new charge.. Guilty (Means you accept new charge and pay it) not guilty (YOU DONT ACCEPT IT) Then you go to trial and need a lawyer

B) The COP comes to court. If you got pinched by a trooper they are NOT obligated to show up to court. This matter will be handled by a DA then in court, Sometimes a trooper will show up but often not. This means if hes anyone OTHER than a trooper I.E sherrif, town, city cop then the cop will showup to court. He may work out a lesser fine for you and pulls you aside before court. Example) Officer:Cripsycream calls out BOB SMITH, LARRY JOHNSON , KIM MILLER please follow me. He wil either have a heart to heart with you or say look i can work with you and give you a seatbelt ticket, OR he can be a complete prick and say your wrong and if you plea not guilty im going to make sure your charged heavily (happened to me). Most cases they will work out a plea bargain and THEN you go before the judge NEXT TO THE OFFICER WHO ISSUED YOU THE FINE. He will say hey i would like to reduce bob smiths fine to a 29c2b (no seatbelt) Then it is in the hands of the judge to accept it or not. Ive seen judges decline cops plea bargains.

C) The cop is not a trooper, their is no DA and the cop does not show up. They hold you till the end of the court hearing and say Anyone who was issued a ticket by SprinKles the deputy sherrif, your ticket is dismissed.

If you plea guilty on the ticket you will be issued a fine in the mail. If you plea not guilty you will be issued a notice to appear in court and likely have a significantly higher chance of getting a reduced fine and less points, EVEN if you did get pegged at 58. Its all about how they can hose you down for your money. The lawyer you may want to consider because your a new driver and under NY state they may revoke your license if your under 18 and issue you a 6 month temp which is to SCHOOL AND BACK and home before sun down. And ofcourse your insurance rapes you. I pay on average 300$ for a lawyer to show up for me, some lawyers charge 3k and theres never a promise they can help you. Use your common sense.

You can use evidence in your favor but unless you are proving you installed tires, license plate, tints removed or otherwise, most cops wont care to look at it, most judges wont even give you a chance to say "i have here a picture" or anything like that. You will likely just piss the cop off even more and he wont offer you anything. Just let the system run its course. If you plea guilty and want to change your mind, head down to the town clerk and notify them imediately

IN MY OPINION: Ive got over 60+ tickets, Get a lawyer. You will NOT walk scott free, this will be a learning experience both by COST and points/Possible suspension

 

[testorossa1989]

by all means i just gave you personal advice im not a lawyer, i cant speak for your behalf or promise you anything. Just inform you most likely what will happen. At the end of the day you need to sit down and choose your decision on your own behalf and handle your business as such. Good luck man

 

[xXGadfly09Xx]

Yikes I need a lawyer for a ticket? I thought I would only need one for a crime not a violation wow

 

[jbs$]

Never go to traffic court thinking that you may find justice, at best, you may get mercy on rare occasions, but don't count on it.

 

[VirtualSVT]

so you think he should have wrote you for a 58 in a 40 not 58 in a 30?

Are there any significant points or fine differences? If yes then take lots of pics and go to court. If no then weight out the value of anytime lost and move on.

You were still speeding.