88mph in 45mph ny

[bicka0925]

I recently got pulled over going 43over. When it happened the officer was coming the opposite direction speeding his self. I dont believe I was going 88 at all but as we all know the officer is never wrong.

I have 3points on my license already but im going to do a online defensive driving to get those taken care of. Then I'll hand in my ticket.

Im just real nervous because I know it can be automatic suspension.

Please any advice will go a long way.

Also state is New York

 

[bicka0925]

Addition

Also I should of mentioned this above but when the officer pulled me over I was having an anxiety attack and didnt have my inhaler. The officer even allowed me to sit on the curb so I can get some air. When he wrote the supporting deposition he put the I was having an ASTHMA attack and was driving to get my inhaler. Only thing is that I dont have an actual medical history of my anxiety (home diagnosed)

 

[FlyingRon]

Save your pennies. In addition to the fine, the eleven points you're going to get added to your license, you'll be hit with the Driver Responsibility Assessment.
Make sure your mailing address is up to date at the DMV. You are going to get an order of suspension mailed there. You may appear in front of an ALJ and get the suspension reduced (to typically 31 days).

Sitting on the ticket will have NO effect on things. They assess the points based on the date of violation not when you are convicted (either by paying the ticket or losing in court).

 

[adjusterjack]

I recently got pulled over going 43over. When it happened the officer was coming the opposite direction speeding his self.

Doesn't matter. His radar is just as accurate coming toward you as it is from behind.

I dont believe I was going 88 at all

Everybody says that. If you "don't believe" you were going 88 then you have no clue as to how fast you were really going.

but as we all know the officer is never wrong.

I detect a note of sarcasm. Typical of posters that routinely break traffic laws and whine when they get caught.

I have 3points on my license already but im going to do a online defensive driving to get those taken care of. Then I'll hand in my ticket.

Im just real nervous because I know it can be automatic suspension.

Nothing "can be" about it. According to the following website it's 11 points and an automatic suspension plus hefty fines.

http://newyorkspeedingfines.com/

And after the court gets done with you, your insurance company will get started. A suspension allows for mid-term cancellation and the next time you buy insurance it's likely to cost you two or three times what it costs now.

Hire a lawyer. He'll know how to get this reduced to a reasonable level, you won't. You might not like paying him $1000 or more but the consequence of an 11 point conviction is something you should avoid an any cost.

Also I should of mentioned this above but when the officer pulled me over I was having an anxiety attack and didnt have my inhaler. The officer even allowed me to sit on the curb so I can get some air. When he wrote the supporting deposition he put the I was having an ASTHMA attack and was driving to get my inhaler. Only thing is that I dont have an actual medical history of my anxiety (home diagnosed)

Is absolutely NO DEFENSE to driving 88 mph in a 45 mph zone.

Any judge will tell you that the thing to do in a health crisis is pull over and call 911 instead of endangering yourself and others.

 

[HighwayMan]

You may appear in front of an ALJ and get the suspension reduced (to typically 31 days).

We don't know if this case falls under the jurisdiction of an ALJ.

Bicka: Where did this incident occur?

If it occurred in NYC then there is little hope for you, but I won't waste time speculating until you answer my question.

By the way, JUST the Driver Responsibility Assessment for a conviction here would be about $700 if that past three-point offense was within the past 18 months. If not then it will "only" be $550. Of course that doesn't include whatever fines and surcharges are assessed by the court.

 

[HighwayMan]

...the officer was coming the opposite direction speeding his self. [sic]

You have NO clue what the officer's speed was. In any case, that is irrelevant to your own speed.

 

[bicka0925]

My location

It happened in Hyde Park New York. I'm more upstate from nyc. Of course I'm going to plead not guilty. And im going to have the option to either take the deal offered by the prosecutor or take it to trial. I just know if I take it to trial I will lose and not to mention I have really no money to afford an attorney

 

[adjusterjack]

I have really no money to afford an attorney

Then you have no business breaking laws.

 

[ivanl3]

I recently got pulled over going 43over. When it happened the officer was coming the opposite direction speeding his self. I dont believe I was going 88 at all but as we all know the officer is never wrong.

I have 3points on my license already but im going to do a online defensive driving to get those taken care of. Then I'll hand in my ticket.

Im just real nervous because I know it can be automatic suspension.

Please any advice will go a long way.

Also state is New York

my advice...Show up early at your court date. Ask to speak with prosecutor. Explain why you don't believe the 88MPH accusation is accurate. Decent chance, IMO, he will be willing to reduce the charge in exchange for a guilty plea. If that does not work, go in front of the judge and plead not guilty and request a public defender be provided to you due n/c you are indigent.

 

[FlyingRon]

We don't know if this case falls under the jurisdiction of an ALJ.

I wasn't referring the the "case" but his hearing on the resulting suspension. Even if he's tried in court rather than the TVB, his hearing on the resulting suspension due to points is going to be with a DMV ALJ.

Yes, by all means see if you can avoid a conviction (or a lesser one, which MIGHT be had if this isn't a TVB case), but it sounded like he was already going to concede guilt when he mentioned "mailing the ticket in."

 

[adjusterjack]

request a public defender be provided to you

I doubt if traffic citations qualify for a public defender since there's no jail time involved.

 

[ivanl3]

I doubt if traffic citations qualify for a public defender since there's no jail time involved.

They are eligible.

 

[quincy]

I doubt if traffic citations qualify for a public defender since there's no jail time involved.

Speeding tickets in New York come with the possibility of jail time.

 

[HighwayMan]

...request a public defender be provided to you due n/c you are indigent.

Traffic court defendant's are not entitled to public defenders in New York State.

 

[HighwayMan]

They are eligible.

NO, they are not.