Wife gets first ticket, upstate NY - advice?

[Maxxum]

She was clocked going 82 in a 65 (interstate).  She has a NY license and apparently they do it a little differently there. He gave her some paperwork and said that the court will decide the amount of fine. He wrote radar speed 82mph and visual estimate 80mph. I'm not sure they do that in NJ. But whatever. I checked the website and for being 10-20mph over it says 4 points. Now these seem to be the options:
1) Pay by mail, leave the points and maybe take safe driving course that will take away the points.
2) Go to court and hope the officer does not show up. She is unlikely to do so as this is her first ticket and she won't go without me.
3) Get a lawyer and have it converted to a non-moving offense. This is the costliest option. But is it worth it? She talked to some lawyers and they scared her. Some said it will be at least 6 points, some said her license may be revoked for being 17 over the limit. Any truth to the second concern? I wouldn't think that for someone getting their first ticket in 5 yrs of driving, 4 points would lead to a license suspension/revocation. But I don't know about NY. Any residents that can comment?
4) Does writing a letter along with sending the court-decided fine saying that this was a first offense and happened while she was trying to pass someone help? On I-81 no one including me usually does less than 80 but the mice need to keep an eye out for the cat. Sometimes you just get done in...its the law of averages. Apparently everyone was going at that speed but it is not a valid argument.
I must say so far I have been lucky as on a couple of occasions I was too late to see the trooper and found myself doing 85 but they did not pursue me, so maybe they weren't clocking at that particular time. Gotta be careful. She is very upset at her first ticket. Sucks...
How much would the insurance go up in such a case...anyone know?

[Rich]

She was clocked going 82 in a 65 (interstate).  On I-81 no one including me usually does less than 80 but the mice need to keep an eye out for the cat.

I drive I 81 a lot at 7 or 8 over and I still pass a lot of people with that speed.  It isn't hard and it isn't going to cause you bodily harm to go less than 80

[MX793]

11-20 over is only a 4 point offense and you need 11 points in total to get your license suspended.  The only way speeding alone will result in a suspension on a clean license is if you are on a junior license or you are going 40+ over the limit.  Even if they added reckless driving on top of speeding she wouldn't have enough points to result in a suspension.  I wouldn't worry too much about her license being suspended.

[sparkplug]

It's hard to believe in a state where everybody drives 85mph bumper to bumper that they would revoke her license. More like capital punishment. Just kidding.

In fact, I would never believe anything a lawyer says. It would be better to talk to a judge .

Since I'm such a nice guy, Hehehehe. Click this link to the ny motor vehicle department.

http://www.nydmv.state.ny.us/license.htm#points

Good luck.

[mazda6er]

Like the guys have said, there is no way her license would be revoked for that assuming she has a relatively clean record. I just got ticketed in upstate NY (where I live) for 50 in a 35 and I can tell you the best thing to do is show up to court. Just simply show up. If it works the same way in the town she got pulled over in as it does in mine, you'll get offered the chance to plea guilty to a lesser offense (failure to obey a traffic device, 2 pts, is what I got - and took) more likely than not.

I mailed in my plea of not guilty and in about 3 - 4 months, I was told to appear in court, along with about 60 other "defendants" and we got processed rapid fire, with nearly everyone being bargained down just because we showed up, no arguing necessary. Ended up with about $150 damage in county and court fees and 2 points on my license. Then I took the "NYS Safe Driving Course" , which is 6 hours, but wipes 4 points off your license, and saves you 10% on you auto insurance.

So, overall it's not too horrible. Good luck!

[MX793]

I knew a guy who got tagged for doing 85 on I-90 and somehow got his speeding ticket turned into a parking ticket.  No points, just pay the fine.

[TurboDan]

Check in with L. Ed. Foote.  He has plenty of experience with upstate NY procedures. 

[Maxxum]

I mailed in my plea of not guilty and in about 3 - 4 months,

so you need to plead not-guilty? how do you defend that? you cannot say you were not speeding! Forgive my lack of knowledge about the procedure.

[Maxxum]

I drive I 81 a lot at 7 or 8 over and I still pass a lot of people with that speed.  It isn't hard and it isn't going to cause you bodily harm to go less than 80

That would be 73-74, which is what I try to stick to in NJ where they are more strict. Upstate is more liberal but I still set my cruise control a tad below 80. However, on your day, you can be caught for 79, it is not like it is not a "ticketable" speed.

[The Pirate]

If her driving record is clean, and you don't want the hassle of going to court, here's what you do:

Plead guilty on the ticket and send it back.  With the ticket, write a letter to the DA or town justice.  Admit guilt, state that it was a momentary lapse and you are normally very cognizant of speed limits.  State that you have no problems paying a fine, as you know you broke a law.  Ask for the fine to be reduced to a lesser charge, as you are concerned about insurance rates going up.  Reiterate your guilt and that it was a momentary lapse, and thank them for their time.

This usually works well (assuming her driving record is clean and she wasn't dickish to the ticketing officer), and they will probably offer a seatbelt citation or failure to obey a traffic control device (0 points on the former and 3 on the latter). 

[mazda6er]

so you need to plead not-guilty? how do you defend that? you cannot say you were not speeding! Forgive my lack of knowledge about the procedure.

Sure you can! haha, it's easy: "I was not speeding." Try it out! 

In all seriousness, you could plead not guilty for a whole lot of reasons. I chose to plead not guilty because I felt that I was actually traveling less than 50. Still speeding, yes, but less than 50. That said, you don't really even need a reason to plead not guilty. All it says is that you'd rather take the time to try your luck in court than save yourself a random tuesday (or whatever day) morning and pay a heftier fine.

But yes, pleading not guilty is key. Plead guilty and you'll get a bill in the mail.

[mazda6er]

If her driving record is clean, and you don't want the hassle of going to court, here's what you do:

Plead guilty on the ticket and send it back.  With the ticket, write a letter to the DA or town justice.  Admit guilt, state that it was a momentary lapse and you are normally very cognizant of speed limits.  State that you have no problems paying a fine, as you know you broke a law.  Ask for the fine to be reduced to a lesser charge, as you are concerned about insurance rates going up.  Reiterate your guilt and that it was a momentary lapse, and thank them for their time.

This usually works well (assuming her driving record is clean and she wasn't dickish to the ticketing officer), and they will probably offer a seatbelt citation or failure to obey a traffic control device (0 points on the former and 3 on the latter). 

Has that actually worked for people you know directly...or yourself? 

[The Pirate]

Has that actually worked for people you know directly...or yourself? 

It's worked for me every time I've tried it (couple of times), and I've also told my brother and one or two other people to do it when they got tickets.  It worked, everybody got a reduction.

Need to have a clean driving record though.

[Soup DeVille]

so you need to plead not-guilty? how do you defend that? you cannot say you were not speeding! Forgive my lack of knowledge about the procedure.

Always plead not guilty to the original charge. You'll likely be able to bergain down to where you plead guilty to a lesser charge. In many states, 5 MPH over the limit on a limited access highway is a zero points offense, but you still pay a fine. On a good day you can even plead down to obstructing, which is an even smaller fine...

[dazzleman]

She was clocked going 82 in a 65 (interstate).  She has a NY license and apparently they do it a little differently there. He gave her some paperwork and said that the court will decide the amount of fine. He wrote radar speed 82mph and visual estimate 80mph. I'm not sure they do that in NJ. But whatever. I checked the website and for being 10-20mph over it says 4 points. Now these seem to be the options:
1) Pay by mail, leave the points and maybe take safe driving course that will take away the points.
2) Go to court and hope the officer does not show up. She is unlikely to do so as this is her first ticket and she won't go without me.
3) Get a lawyer and have it converted to a non-moving offense. This is the costliest option. But is it worth it? She talked to some lawyers and they scared her. Some said it will be at least 6 points, some said her license may be revoked for being 17 over the limit. Any truth to the second concern? I wouldn't think that for someone getting their first ticket in 5 yrs of driving, 4 points would lead to a license suspension/revocation. But I don't know about NY. Any residents that can comment?
4) Does writing a letter along with sending the court-decided fine saying that this was a first offense and happened while she was trying to pass someone help? On I-81 no one including me usually does less than 80 but the mice need to keep an eye out for the cat. Sometimes you just get done in...its the law of averages. Apparently everyone was going at that speed but it is not a valid argument.
I must say so far I have been lucky as on a couple of occasions I was too late to see the trooper and found myself doing 85 but they did not pursue me, so maybe they weren't clocking at that particular time. Gotta be careful. She is very upset at her first ticket. Sucks...
How much would the insurance go up in such a case...anyone know?

Maxxum, I don't think I can add anything the others haven't.  The Pirate (Adam) is obviously very experienced with this issue. 

Tell her not to worry too much.  This is a nothing ticket.  Whatever happens with it, life goes on.  You have to laugh at these things.

[Maxxum]

So she found out that she can apparently get a lawyer from their workplace and they made her feel better. They said she doesn't need to do anything and they will get it reduced to a non moving violation. So my lady is the worrying-type, especially when I am not around. So I was hoping she gets over this soon. The total cost will be around 400 bucks which IMO is a little high but I can't expect her to go to court alone and fight it. We'll find out in a few weeks if all goes well. When she moves out of NY hopefully this year, then she gets a new license so any points would not have carried over anyway right?

[Soup DeVille]

So she found out that she can apparently get a lawyer from their workplace and they made her feel better. They said she doesn't need to do anything and they will get it reduced to a non moving violation. So my lady is the worrying-type, especially when I am not around. So I was hoping she gets over this soon. The total cost will be around 400 bucks which IMO is a little high but I can't expect her to go to court alone and fight it. We'll find out in a few weeks if all goes well. When she moves out of NY hopefully this year, then she gets a new license so any points would not have carried over anyway right?

Only if she moves to Michigan or Minnesota...

[dazzleman]

So she found out that she can apparently get a lawyer from their workplace and they made her feel better. They said she doesn't need to do anything and they will get it reduced to a non moving violation. So my lady is the worrying-type, especially when I am not around. So I was hoping she gets over this soon. The total cost will be around 400 bucks which IMO is a little high but I can't expect her to go to court alone and fight it. We'll find out in a few weeks if all goes well. When she moves out of NY hopefully this year, then she gets a new license so any points would not have carried over anyway right?

That depends upon the state.

I wouldn't worry too much about it.  Lots of people I know, including myself, had points on their licenses for extended periods of time.  It's no big deal, as long as it's not enough points to cost you your license.

[BENZ BOY15]

To me, that seems kinda odd she was pulled over for doing 80 on an interstate. In Socal, its either a parking lot or AT LEAST 80 on the 5. I was doing around 90 going to downtown L.A and I was getting PASSED! By soccer moms no less! And there was cops driving right along with everyone going 90+.

I think the east coast just has it wrong when it comes to driving quickly. The speed limits are, what, 45 or 55 at the most in CT?! What a bunch of crap. My aunt got a $150 (maybe more) for going 10MPH over the speed limit in New Haven! And this was 68MPH.

In SoCal, at 68MPH, you'll get rear ended and/or induce road rage.

[TurboDan]

To me, that seems kinda odd she was pulled over for doing 80 on an interstate. In Socal, its either a parking lot or AT LEAST 80 on the 5. I was doing around 90 going to downtown L.A and I was getting PASSED! By soccer moms no less! And there was cops driving right along with everyone going 90+.

I think the east coast just has it wrong when it comes to driving quickly. The speed limits are, what, 45 or 55 at the most in CT?! What a bunch of crap. My aunt got a $150 (maybe more) for going 10MPH over the speed limit in New Haven! And this was 68MPH.

In SoCal, at 68MPH, you'll get rear ended and/or induce road rage.

Sounds like NJ.  You'll usually be fine going with traffic well into the 80s.

[Raza]

When I got my first ticket in PA, other people with speeding in excess of less than 25mph who contested were given no-points 5 over violations.  I was given a 6 over for 35 over/double the speed limit.

[MX793]

To me, that seems kinda odd she was pulled over for doing 80 on an interstate. In Socal, its either a parking lot or AT LEAST 80 on the 5. I was doing around 90 going to downtown L.A and I was getting PASSED! By soccer moms no less! And there was cops driving right along with everyone going 90+.

I think the east coast just has it wrong when it comes to driving quickly. The speed limits are, what, 45 or 55 at the most in CT?! What a bunch of crap. My aunt got a $150 (maybe more) for going 10MPH over the speed limit in New Haven! And this was 68MPH.

In SoCal, at 68MPH, you'll get rear ended and/or induce road rage.

Speed limits are typically lower in the east than out west, in part due to older roads that simply can't handle such high speed travel.  And, as memory serves, interstates out west very often have more than 2 lanes in each direction.  Interstates in upstate NY are primarily 4 lane (2 each way), with some perhaps having 6 for very short stretches.

As a general rule in upstate NY, if you keep it under 75, the cops won't bother you and you'll certainly be keeping up with traffic.  I run 80 miles a day on I-90 with the cruise set on ~74 and the number of cars that sail by me at 80+ are relatively few.  In fact, I'd say I pass more vehicles than there are that pass me, and typically vehicles that pass me are still going under 80.

[BENZ BOY15]

[TheIntrepid]

How does that have anything to do with upstate NY?

[Soup DeVille]

I think that pic is supposed to show HOV lanes being added onto an existing highway.

[BENZ BOY15]

I think that pic is supposed to show HOV lanes being added onto an existing highway.

......and to show how real freeways are supposed to look like, not the 2 or 3 lane bullcrap you get in new england.

[Colonel Cadillac]

......and to show how real freeways are supposed to look like, not the 2 or 3 lane bullcrap you get in new england.

Hey there, our highways are historical! And the two-lane highways that don't allow commercial vehicles are excellent.

[BENZ BOY15]

Hey there, our highways are historical! And the two-lane highways that don't allow commercial vehicles are excellent.

The Merit (sp?) parkway is my favorite, a very nice drive....much more pleasant than the I95 when driving between Darien and New Haven. Except for the off ramps! The shortest off ramps in the nation, you turn so sharply to the right, it's almost impossible.

Also, what's with the semis that tailgate on the 95?! They get so close to you, it's actually scary.

[James Young]

For those who care, Benz Boy15's picture of the freeways is in San Diego.  I just drove down there for the SD-Tennessee game last week.  Between Temecula and the 56 (Ted Williams) on the 15, traffic was running 90+.  Life is sweet.

[the nameless one]

......and to show how real freeways are supposed to look like, not the 2 or 3 lane bullcrap you get in new england.

All of that concrete is absolutely ugly.