21 over speeding ticket states island

[Mrordinary]

What is the name of your state (only U.S. law)? Nj

I am licensed in NJ. From what I gather the surcharge and fine is $203 and $300 drivers responsibility and 2 points in NJ.

If I get a lawyer, I doubt they can do much with the TVB. Maybe they can find a way to beat the ticket but I'd pay $400 and no points but I think that is unlikely to happen.

One lawyer gave advise saying I can say the lidar has a plus or minus 1 mph. I can ask if I can lower the speed to 70 and not have the drivers responsibility surcharge. How would I go about doing that?

I figure that this is the best a lawyer can do. So if I pay their 400 fee and 203, I am behind because if I lose, I'd pay 300 drivers responsibility and 203.

I just don't know how the procedure in court and my likelihood to succeed.

 

[HighwayMan]

Since when is there a TVB in New Jersey?

 

[adjusterjack]

No guarantees but one option is to just plead not guilty and hope the court calendar is overbooked so that they start offering plea bargains with lower points and lower fines just to move things along.

You can argue that 1 mile thing but unless you know how to do it like a lawyer would do it, you're going to lose.

The other alternative is take traffic school if you are eligible.

 

[quincy]

Since when is there a TVB in New Jersey?

There isn't. There is a Violations Bureau that handles more than traffic violations.

But it appears as if Mrordinary was ticketed on Staten Island. New York has TVBs.

 

[HighwayMan]

I am licensed in NJ.

Which has nothing whatsoever to do with the fact that you apparently got a traffic summons on STATEN ISLAND in New York City, which you didn't bother to explain.

One lawyer gave advise saying I can say the lidar has a plus or minus 1 mph. I can ask if I can lower the speed to 70 and not have the drivers responsibility surcharge. How would I go about doing that?

You wouldn't. The judges in the Staten Island TVB will not agree to the reduction. If you wanted to try you certainly wouldn't stand a chance on your own.

I just don't know how the procedure in court and my likelihood to succeed.

Your chance of success is about zero.

If lidar was used that means the NYPD Highway Patrol wrote you. They won't be losing a simple speed trial anytime in this century.

If you're looking to save money you submit a guilty plea by mail or online. There is no such thing as a minimum fine in Staten Island - especially if you're unlucky enough to get my favorite adjudicator, Judge Levine. Depending on your record and the location of the offense he may even suspend your NY driving privilege for 30 days.

 

[HighwayMan]

From what I gather the surcharge and fine is $203 and $300 drivers responsibility...

I don't know where you're getting your information from.

The minimum fine is $90 plus a $88 surcharge. But since this is Staten Island plan on paying at least $200 + $88.

Then expect to get a bill for the $300 DRA from Albany - so make sure the address on your license is correct otherwise you won't get the bill and your NY driving privilege will be suspended followed by your actual NJ license.

 

[quincy]

Which has nothing whatsoever to do with the fact that you apparently got a traffic summons on STATEN ISLAND in New York City, which you didn't bother to explain ...

One of Mrordinary's concerns about the 21-over speeding ticket on Staten Island appears to be how it will affect his New Jersey driver license ... so his question actually DOES have something to do with his NJ license.

http://www.nj.gov/mvc/Violations/penalties_otherStates.htm

An attorney might be able to reduce the speed from 21 over to less than 20, which helps with the points (from 6 points to 4 points and the elimination of the Driver Responsibility Assessment).

http://newyorkspeedingfines.com/

I think Mrordinary would benefit from having an attorney. I do not see many positives in him just pleading guilty and accepting the 21-over.

 

[HighwayMan]

An attorney might be able to reduce the speed from 21 over to less than 20

A VERY limited number of Administrative Law Judges citywide would be willing to throw out the lidar/radar and go with just a speed estimation minus the officer's tolerance. In Staten Island it's unheard of.

I think Mrordinary would benefit from having an attorney. I do not see many positives in him just pleading guilty and accepting the 21-over.

Normally I would agree, but not in this case. If the OP doesn't mind paying a larger than minimum fine then he can take a chance. It's practically a given that for a 21-over speed he will be paying a minimum of a $200 fine, and as I stated if Judge Levine hears the case he may go further and impose a suspension. The only way to get the minimum fine would be to plead guilty ahead of time to avoid an appearance.

My experience says that winning is out of the question - the officer who wrote the summons does this day in and day out, probably in the same location. Goes to court weekly and has on his calendar 15-25 speed cases just like this one. He can testify about the facts and circumstances, his experience and training, his testing of the lidar set, etc. with his eyes closed.

 

[Mrordinary]

Since when is there a TVB in New Jersey?

Hi,

Sorry I got a ticket on 440 to NJ so I was in Staten Island. Autocorrect made it say states island.

I did not know I got posts..sorry new here...I probably have to change a setting.

The back of my ticket says fine for violation is 115 and surcharge is 88.

So I guess the lawyer that I spoke to was wrong in saying I can handle it myself and state that I go by the tolerance of the officer since lidar or radar has a plus or minus 1 mph accuracy.

If I go to court you are saying I could get a suspension too? Possibly a larger fine?

Mathematically I don't think getting a lawyer works out especially since I only get 2 points transferring to my state. Doubtful they will drop all charges so I get the 203 surcharge and fine plus 375 for the lawyer. Worst case scenario it is 203 plus drivers responsibility 300 plus 375.

I guess the best solution is to plea guilty. I bet my chances for them being booked or backed up is slim? Although we are in the holiday season?

If I do go to court and he suspends me to drive in ny for 30 days that doesn't affect me. However if he can tag another 100 plus fine or admin fee, then it changes everything

 

[HighwayMan]

Hi,
The back of my ticket says fine for violation is 115 and surcharge is 88.

Some offenses cost more in NYC but I didn't think this was one of them. That's weird.

Hi,
So I guess the lawyer that I spoke to was wrong in saying I can handle it myself and state that I go by the tolerance of the officer since lidar or radar has a plus or minus 1 mph accuracy.

The chance of you successfully making that argument in court yourself is very low. Couple that with the fact that it's Staten Island and the judges are very tough means that it's not happening.

Hi,
If I go to court you are saying I could get a suspension too? Possibly a larger fine?

Yes, the suspension is less likely but the higher fine is a good possibility.

Hi,
I bet my chances for them being booked or backed up is slim? Although we are in the holiday season?

Ignore what AdjusterJack said. While he's a smart guy who gives great information and advice, he doesn't know about the TVB and was assuming it's like a regular court, which it isn't. And we know what happens when we assume...

Hi,
If I do go to court and he suspends me to drive in ny for 30 days that doesn't affect me. However if he can tag another 100 plus fine or admin fee, then it changes everything

IF a judge imposes a suspension it would be a suspension of privilege which applies only in New York State. If that's not a big deal then so be it. However, to get the suspension lifted you would have to pay a suspension termination fee of $75 - so that's more money.

If you hire an attorney his chances of winning are very low and you'd owe him his fee plus the fine and surcharge to the state. If you go it on your own your chance of winning is zero. Normally I would advise to go to court and take a chance - it doesn't cost you anything. In Staten Island though it's a bit different.

 

[HighwayMan]

For the record when I quoted the OP's post I did not include the "Hi" in any of the quotes. They showed up on their own. I tried to edit but they don't show up. Very strange.

 

[Mrordinary]

For the record when I quoted the OP's post I did not include the "Hi" in any of the quotes. They showed up on their own. I tried to edit but they don't show up. Very strange.

Thanks everyone for your help. You dissuaded me from trying to get it to 4 points. I mailed the ticket out a few minutes ago, it was stressing me out.

On principle after talking to you guys I would hire a lawyer to remove the drivers responsibility, but there is no guarantee he would beat it either and I'd hate to pay more.

When I got pulled over I tried using a card I got from an officer to try to get out of the ticket in the first place, but the guy gave me the third degree. I just wonder how anyone can even prove that the officer read 71. Seems to convenient and he was on the shoulder while I was on the left lane with cars on the right lane.

For what it's worth I got my first laugh from you highwayman when you said you couldn't get rid of the "hi"

 

[HighwayMan]

When I got pulled over I tried using a card I got from an officer to try to get out of the ticket in the first place, but the guy gave me the third degree.

Well, I guess you didn't answer the questions the right way or said something that led the officer to believe the card wasn't somehow legit.

I just wonder how anyone can even prove that the officer read 71.

Evidence is all testimonial. There is no way to "prove" what the speed reading was on the lidar set.

 

[Zigner]

There are cards that get you out of speeding tickets? Does it have a picture of a bald, mustached guy in stripes on it and say "Get out of Jail" on the face of it?

Incredible.

 

[Mrordinary]

There are cards that get you out of speeding tickets? Does it have a picture of a bald, mustached guy in stripes on it and say "Get out of Jail" on the face of it?

Incredible.

Not that card silly. You use that when you rob the bank of $200. I wasn't going to jail. It's a speeding ticket not a robbery. Although I will be fleeced soon.