got a speeding ticket doing 56 in a 30, this was not a state trooper or highway patrol, but a local precinct cop. from what ive read so far in NYC there are no plea deals, even though i havent gotten a ticket in over 10 years, youre either found 100% guilty or the case gets thrown out entirely. plus, 20+ over the limit and you get a mandatory $300 surcharge from DMV ontop of the $200 ticket. what a joke. the only good news, i guess, is my insurance company told me they wont likely raise my rates since ive been a longtime customer with a spotless record and no claims.

so my only hopes in NYC is to plead not guilty and request a hearing, when i get the hearing date then to postpone it a few times (which can drag out up to a year) in hopes the cop doesnt show up to the DMV office, so the ticket gets thrown out by the 'judge'. correct? from what ive heard elsewhere, NYC cops rarely show up at the DMV office for minor offenses...heck even the geico lady told me she's gotten 4 tickets and had them all thrown out since the cop didnt show.

if all else fails and i cannot postpone it any more, show up to DMV, and if the cop is there, get one of the lawyers that hang out there at the DMV office, and hope he can find some discepancy in the cops testimony.

i dont mind doing it all myself, and from the lawyers that ive contacted so far, thats essentially all they do (postpone, postpone, postpone, hope the cop doesnt show up). so instead of paying $400 for a lawyer right now, i can do it myself, and if the time comes, get one of the lawyers at the DMV office for $150'ish...which is the going rate i hear.

any other advice will be much appreciated.
will keep you all posted.

 

cops are usually pretty good about showing up for court in NYC... and the worse part is the judge never likes throwing them away if the cop doesn't show (that's from my experience)... i think the cop gets two court dates and only if he doesn't show up on both dates, does the tickets get thrown out... but don't forget, the judge usually schedules the 2nd court date on a date when the officer already has other tickets.. so chances are the ticket won't get throw out.. =(

also, i'm not sure where you got the $150 for a lawyer at the DMV from but the lawyers usually charge according to the numbers of points the ticket is worth... so for your ticket, the lawyer fee should be more than 150... (closer to the 300-400 range)...

just to share some ideas.. the only times i've seen NYC speeding tickets get defeated is:

1) if you had a witness in the car at the time (wife, children, friend etc..) and they witness you getting the ticket... they can testify through a letter or in person that maybe the car behind you was tail-gating you or you weren't speeding and the officer actually mistakenly said it was you while it should have been the crazy kid in the honda civic next to you...
2) sometimes if you get a lawyer they are able to plead down (not plea deal). you can have the lawyer plead to a 50 in a 30 mph ticket since i remember the error margin for a radar gun or laser gun is +/- 6mph or something like that... so by pleading like this, it may save you some points / fines.

hope this helps.. i've fought 5 speeding tickets in NYC and i refuse to speed in NYC EVER again since they don't plea bargain... =(

 

WOW....considering yourself blessed for getting a ticket in NY. Years ago, Virginia had a statute that if you were ever pulled over for reckless driving (20+ over the limit), not only would you be slapped with a the points, the actual ticket, and court fees (b/c you had to go to court), but you would also be slapped w/ a $3,000 FINE that was not reimbursable or open to debate/appeal). This was instated for several months, but then was overturned and the state refunded the money to all those folks who got that fine b/c it was "profiling" to a degree b/c they were only doing this for VA licensed drivers, NON out-of-state would get this fine.

Jason - the "project" is under way.......can't wait for the final product so we can terrorize the streets of NYC together bro!!! hahahaha

 

Was it a Highway 1 NYPD cop or regular NYPD, because if its Highway 1 he is showing up no matter how long you postpone it, they get paid overtime to show up and its not getting reduced even with a lawyer. A regular NYPD and you will be ok just plead NG

 

I just went through the proces in Nj and I assume NY is very simular. Plead NG. They will schedule you a hearing date, attend the hearing, before going in front of the judge ask to speak to the court liason. At that point, tell the liason you can't afford to get any points and furthermore can't afford a steep fine. The liason will work with you on reducing the costs and points. This has been my experience. Good luck and no need to involve a Lawyer, if the cop doesn't show all evidence will be considered hearsay and dismissed. I have also spoken to the ticketing officer before court and they have agreed to go easy on me. Not that I get a lot of tickets or anything.

 

yea YZWilly, NYC is completely different from NJ... NYC is you're guilty or not.. no plea bargaining

 

nope, not a highway cop, but a regular NYPD precint cop. they set up a speedtrap at this area cause 3 kids were killed when they were speeding there at 3am and crashed into a highway support column. i heard that 90+% of NYers just pay the fine and go on with it, im hoping NYPD wont bother with the remaining 10%. fingers crossed.

you would think the guy wouldve cut me a break and write me down for 15 over the limit, he agreed that i had a spotless record and it was by bday in a few days!!! i wouldnt mind paying a $200 ticket (especially since it wont affect my insurance), but the mandatory $300 surcharge from DMV really is unfair.

i passed by there this morning and had my cruise control set at 29. i got passed by a SCHOOLBUS! and a GARBAGE TRUCK!!!!! it was so demeaning!!!!

will keep you all posted on what happens.

 

Yep, can attest to the surcharge and serious points attendant to any finding of guilt. Yes its a rip and it happens b/c people just dont pay attention to this sorta tax collection/revenue generation. Note that they tried to pull this same BS w/the new mandatory NYS plates a few days ago. I'd take it seriously for the simple reason that you will accumulate points that could result in a suspension THE NEXT TIME YOU GET POPPED. The toll booth collector (yep, they were authorized to give speeding tickets) that gave me my summons looked like he rehearsed for several days. Be prepared to ask the judge to have the cop slow down or repeat his testimony. Good luck. Hopefully the guy wont show.

 

1st Off Get a Lawyer. All this nonsense about cops not showing up is exactly that....NYC DOES NOT operate like the rest of the state when you are ticketed in their jurisdiction....the ONLY way it is dismissed altogether is if some fault can be shown. Did you mention how you were clocked??
Radar/Pacing??....or visual???....if it was visual you may hhave a fighting chance.
Your biggest problem is not 20+ over the limit BUT WHERE...you were doing 56 in a 30 which implies a regular street and NOT a parkway/highway.....so that is viewed at as more severe.
Cost: Figure all in between $400 & $800 lawyer/Surcharge/NYC Fine & State Fine.
Yes 3 bills to pay:
In New York State: The State gets a Surcharge right off the top
The Municipality gets their taste(In this case NYC)
The State Mandated Fine that goes to the State.
Unfortunately I have been there done that... 82 in a 55.
Best of Luck

 

Give this guy a call. Thankfully I haven't had to use him, but my partner as well as a number of our customers did and were successful.

Matthew Greenberg, LLP
(212) 255-5556
matthew@tickethelp.com

Good luck,

Matt

 

yeah you may have a chance with a reg cop....i know personally....lol but hwy 1, forget about it....