U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > Rochester area
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Closed Thread Start New Thread
 
Old 03-21-2012, 06:07 PM
 
Location: Rochester, NY
5 posts, read 83,180 times
Reputation: 12

Advertisements

So here's the deal:
Today I was driving on 390 South, headed toward Elmira. I got pulled over near Avoca for doing 84 in a 65 (sorry, but 65 is a bit ridiculous on an interstate, plus I was trying to make up time so my mother wasn't late for a meeting. not that I'm blaming her.). Now currently I still have my Montana ID as I just recently moved here, and I was driving a rental car that I was not a listed driver on, and the address on my ID is an old one that I never got changed on my ID. With all that being said, what am I looking at paying and what should I plead? Did I mention my ticket notes that I said that I knew I was going 84 and that I was sorry? I didn't know they write down your statement or I would've played dumb and said no. Any insight as to what I'm looking at or what I should plea would be helpful. Thanks

 
Old 03-22-2012, 10:05 AM
 
Location: Rochester
32 posts, read 124,874 times
Reputation: 71
Default Speeding tickets in Upstate NY 101

Quote:
Originally Posted by kenzishere View Post
So here's the deal:
Today I was driving on 390 South, headed toward Elmira. I got pulled over near Avoca for doing 84 in a 65 (sorry, but 65 is a bit ridiculous on an interstate, plus I was trying to make up time so my mother wasn't late for a meeting. not that I'm blaming her.). Now currently I still have my Montana ID as I just recently moved here, and I was driving a rental car that I was not a listed driver on, and the address on my ID is an old one that I never got changed on my ID. With all that being said, what am I looking at paying and what should I plead? Did I mention my ticket notes that I said that I knew I was going 84 and that I was sorry? I didn't know they write down your statement or I would've played dumb and said no. Any insight as to what I'm looking at or what I should plea would be helpful. Thanks
Plead "not guilty" thorough the mail or online. They will give you a hearing date. Hopefully, you will be able to attend the hearing. If not, call the court to ask if you can plea bargain through the mail.

At the hearing, the District Attorney will likely offer you a plea bargain. If the plea bargain is acceptable for you, then go with it. You will then plead guilty to the lesser charge. The goal is to avoid points against your license, which can cause your license to be suspended if you accumulate enough points. You were 19 points over the limit. That's a 4-point violation. They will likely drop it down to a lesser speeding ticket. If you were barley over the limit, they might offer you a 2-point charge such as "failure to keep right", or an equipment violation. Try to get a 2-point plea if you can.

Points on your license can be used by your insurance company to raise your rates. It's a racket in NYS.

Most town courts have this process streamlined. It's a money machine - very common throughout Upstate towns. An exception is the City of Rochester. They have a Magistrate system, with no option for plea bargaining. Don't get a speeding ticket there. The RPD does not very often set up speed traps like they do on 390. If you get a speeding ticket in Rochester, it's usually well deserved.

If you end up with a lot of points on your license, consider attending a driver safety course. That will delete some points from your record.
New York Traffic Tickets - NY DMV Traffic Violation Guide at DMV.org: The Unofficial DMV Guide

I avoid 390 when heading to NYC, Eastern PA etc. exactly for the reason you encountered. There's another speed trap on 390 near Groveland, just south of Rochester. The towns need money, and this is a way of getting it without raising taxes. I use RT81 instead to go south, because there is usually enough traffic that you can pace to avoid a ticket. 390 is a less traveled route, so there is a higher probability of getting nailed.

If you plea bargain, they are still going to hit you up for the full cost of the speeding ticket. It's rare that they drop amount of the fine, unfortunately.

If you appear in person, be courteous with the Judge and DA. Don't whine, and don't be indignant or try to rationalize your reason for speeding. They've heard it all, and ultimately they call the shots. Your driving record is the main thing they will use to assess you. If it's clean, they'll be lenient. If it's not, they likely will ask you some questions about your driving habits before offering the plea.
 
Old 03-22-2012, 09:46 PM
 
Location: Rochester, NY
5 posts, read 83,180 times
Reputation: 12
thank you so much! can you give maybe a ballpark range of a speeding ticket? my driving record is clear. and esp. thank you for the info about Rochester because that's where I live and do the police here give you any leniency, like maybe 5 over the limit and they won't pull you over? I'm so used to the ways in MT. I really need to read up
 
Old 03-23-2012, 06:24 AM
 
5 posts, read 23,699 times
Reputation: 10
Default Ticket cost

390 in that area seems to result in a load of tickets. I have heard of some for much lower speeds. I know that 5-10 years back even a reduced violation resulted in a total fine that was over $250. The amounts have no doubt gone up further since then. There won't be much difference in the amount with respect to which town you were stopped in since part of the charge is a NYS surcharge.

Just an fyi-Tickets in the City of Roch. are another issue altogether because, as the OP stated, there is no plea bargaining. It is a DMV hearing by what is certainly not an "unbiased" hearing officer. Some states don't even allow this type of disposition for due process reasons.
 
Old 03-23-2012, 09:25 AM
 
Location: Rochester
32 posts, read 124,874 times
Reputation: 71
Default Speeding enforcement in the Rochester area

Quote:
Originally Posted by kenzishere View Post
thank you so much! can you give maybe a ballpark range of a speeding ticket? my driving record is clear. and esp. thank you for the info about Rochester because that's where I live and do the police here give you any leniency, like maybe 5 over the limit and they won't pull you over? I'm so used to the ways in MT. I really need to read up
Here's a web site estimates the cost of a speeding ticket. In New York State, there is always an additional surcharge of $70 that is added to the ticket. With your clean record, I think you'll come in at the low end of the fine range.
How Much Does A New York Speeding Ticket Cost? | Confessions Of A Traffic Lawyer

The Rochester Police Department is not as predatory as the towns are regarding speeding tickets. If a city cop gives a speeding ticket, it's usually in an area where excessive speed could be hazardous - such as around schools or high accident rate areas. The State Troopers and Monroe County Sheriff department, however, also patrol the expressways that cut through the city. Always watch out in the areas on 490 in the city where the speed limit drops to 40 MPH. Keep pace with the traffic around you, and you'll usually be OK.

I think the erratic driving habits among people in the Rochester metro is in large part due to predatory ticketing along the expressways. A lot of drivers are more focused on avoiding speed traps than they in controlling their vehicles. It's not uncommon to have an SUV sitting in the passing lane at 55 MPH, creating dangerous conditions for other drivers. So in effect, the tickets that are supposedly given to enhance safety have a counter effect on the roads here.

New York State was one of the last states in the Union to increase the speed limit on the Thruway and expressways back up to 65 MPH from 55 MPH. The Fed had decreased the speed limit to 55 MPH in response to the Arab oil embargo in 1973. Gov. Cuomo Sr., throughout his term in office, cited "safety" as the reason, but it was really all about revenue. The accident rate on our highways actually decreased after the next Governor, Pataki, increased the speed limit to 65 MPH - solid proof that Cuomo was wrong.

Regardless, if you get caught, you need to deal with the system. With your clean record, I'm sure you'll make out OK. Good luck in court.
 
Old 03-23-2012, 05:47 PM
 
Location: Rochester, NY
5 posts, read 83,180 times
Reputation: 12
Ok, and one last question. I'm looking at 4 points on my license, which is still my MT one. Do the points only effect that license or do they stay with my name and will effect my NY license when I get it?

Last edited by kenzishere; 03-23-2012 at 05:56 PM..
 
Old 03-23-2012, 11:20 PM
 
Location: FL-Gulf Coast
291 posts, read 670,883 times
Reputation: 418
Quote:
Originally Posted by kenzishere View Post
Ok, and one last question. I'm looking at 4 points on my license, which is still my MT one. Do the points only effect that license or do they stay with my name and will effect my NY license when I get it?
Hopefully, you get lucky. I got pulled a few miles south of where you got pulled. My speed was similar (72), but I was in a work zone...whoops. Anyhow, I never got any points nor did my insurance go up. Two weeks after the ticket, I moved from NC to FL, so I think the points and insurance got lost somehow. Anyway about the ticket...hire a lawyer. They will usually handle it for $200 bucks or so, plus the cost of the ticket. Mine was plead down to to just a regular speeding ticket, so I avoided double fines. Good luck.
 
Old 03-27-2012, 10:51 AM
 
Location: Rochester
32 posts, read 124,874 times
Reputation: 71
Default Not sure how that will play out

Quote:
Originally Posted by kenzishere View Post
Ok, and one last question. I'm looking at 4 points on my license, which is still my MT one. Do the points only effect that license or do they stay with my name and will effect my NY license when I get it?
It will be great if the points go against your MT license, then do not get transferred to your new NYS license.

I have to suspect, however, that the conviction in NY will be mapped to your name. Because the record will be in the NYS DMV files, I'll bet they will apply the points to your new license - but maybe not.

I'm not an expert on the topic. It would be best for you to approach the DMV with your question, or consider asking an attorney. Know also that the attorney won't have to do much work on this - so look for one who handles a lot of speeding tickets, and won't charge more than say $100 for his services. He should not even have to appear at the hearing with you - and he should be able to handle your plea bargain without your having to appear in court. But also realize that you won't need an attorney if you go to court in person for the hearing.

Good luck with this. Again, don't be too concerned, as your clean record prior to this will go in your favor. If the DA offers you a lesser speed, it won't hurt to ask if he could reduce it to an equipment violation, parking violation, or "failure to keep right." Ask once - but don't push too hard on the issue.
 
Old 04-06-2012, 01:39 PM
 
Location: Somewhere in America
12,304 posts, read 10,756,220 times
Reputation: 20540
I moved from NY to SC 2 years ago and the points on my NY license did carry over on my insurance! It's been almost 5 years and it's still there. Just because you move, doesn't mean the insurance companies won't nail you for it. I don't even have the same insurance company.

Slow down. That's how to avoid tickets. Watch yourself in NY. At 21 over, technically and legally an officer can pull your license right there and then. The DMV WILL suspend your license for that. Sorry, but there's nothing that important where you need to go 20 mph OVER the limit. There's a limit for a reason - safety, revenue, people have died in accidents, children, whatever. Just because you don't like it doesn't mean you can avoid it.

Another note on tickets in NY....if you get one from a State Trooper, it will be high. Why? The state tacks on a MASSIVE surcharge.
 
Old 04-08-2012, 11:58 PM
 
Location: Rochester, NY
5 posts, read 83,180 times
Reputation: 12
Quote:
Originally Posted by ss20ts View Post
I moved from NY to SC 2 years ago and the points on my NY license did carry over on my insurance! It's been almost 5 years and it's still there. Just because you move, doesn't mean the insurance companies won't nail you for it. I don't even have the same insurance company.

Slow down. That's how to avoid tickets. Watch yourself in NY. At 21 over, technically and legally an officer can pull your license right there and then. The DMV WILL suspend your license for that. Sorry, but there's nothing that important where you need to go 20 mph OVER the limit. There's a limit for a reason - safety, revenue, people have died in accidents, children, whatever. Just because you don't like it doesn't mean you can avoid it.

Another note on tickets in NY....if you get one from a State Trooper, it will be high. Why? The state tacks on a MASSIVE surcharge.
Ok, not to be rude, but I didn't need the lecture. I'm not stupid and I'm not trying to avoid anything. I was just trying to figure out what to do and what to expect as I am new to NY. Even my mother didn't give me that lecture.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Closed Thread



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > Rochester area
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top