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Old 10-05-2018, 03:38 PM
 
2 posts, read 1,153 times
Reputation: 15

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I received a speeding ticket while traveling through Albany (70 in 55). It is my first ticket for anything ever. What exactly do I say to the DA to possibly get this dismissed or reduced?
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Old 10-06-2018, 12:23 PM
 
Location: Putnam Valley, NY
140 posts, read 104,391 times
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In my experience, they have what I like to call a "deal of the day", basically just one non-moving violation deal that they offer to everybody that night who has a minor moving violation offense. Pretty funny to watch the actual court proceedings, just one person after another and every single one of them has a "parking ticket" for the same amount. Usually they turn it into a "parking ticket", but I've also seen littering, jaywalking, and one time even "broken speedometer". Including court fees, it'll be between $100-200. No points on the license, no report to your insurance company.

If you have no priors, they'll go super easy on you. You don't really need to say much, just be friendly and polite and relaxed, they'll say something along the lines of "You got a ticket for 70mph in a 55 zone, I can offer you a ticket for 'parking on pavement' which carries no points and has a maximum fine of $150, it is up to the judge how much the fine will actually be" (it's rarely the maximum). I've never been interrogated on where I was going or why I was driving so fast or anything like that...they really don't care. Dress nice. You don't have to be in black tie attire or anything but just don't be that slob who shows up to court in camo shorts and a ripped t-shirt.

All my experience has been in Westchester/Putnam/Dutchess but I imagine the process is roughly the same anywhere in NY state.
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Old 10-06-2018, 04:27 PM
Q44
 
Location: Hudson Valley, NY
895 posts, read 855,680 times
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Depends on which police department issued the speeding ticket. When I've gone to court for a ticket issued by a town PD (ie 55 in a 40) I was approached and asked if I'd like to plead guilty to 'parking on the sidewalk', pay the fine and get going. I said sure, and that was it.

In the same court were folks ticketed by the NYS Police, there was no offer. First of all the violation occurred on the Thruway so there really isn't much to negotiate. Secondly, the primary fine goes to NY state, the surcharge goes to the town or vice versa, but I think it's state first, so the only way for the town to get their cut is for you to be guilty of speeding.

I was ticketed by a trooper on the Thruway, 82 in a 65 - I was kinda passing someone, same town as the ticket above. After seeing how nobody received a reduction or alternate violation to plead to I just pled guilty, which I was and paid the fine.
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Old 10-06-2018, 09:46 PM
 
Location: Putnam Valley, NY
140 posts, read 104,391 times
Reputation: 279
Quote:
Originally Posted by Q44 View Post
Depends on which police department issued the speeding ticket. When I've gone to court for a ticket issued by a town PD (ie 55 in a 40) I was approached and asked if I'd like to plead guilty to 'parking on the sidewalk', pay the fine and get going. I said sure, and that was it.

In the same court were folks ticketed by the NYS Police, there was no offer. First of all the violation occurred on the Thruway so there really isn't much to negotiate. Secondly, the primary fine goes to NY state, the surcharge goes to the town or vice versa, but I think it's state first, so the only way for the town to get their cut is for you to be guilty of speeding.

I was ticketed by a trooper on the Thruway, 82 in a 65 - I was kinda passing someone, same town as the ticket above. After seeing how nobody received a reduction or alternate violation to plead to I just pled guilty, which I was and paid the fine.

Obviously it varies from court to court, but I've definitely had tickets issued by state troopers dropped to non-moving violations before and witnessed others getting the same deal.



Anyway, at a more difficult/strict court, a lawyer could probably get the deal even if a civilian couldn't. I've done the lawyer thing a couple times when I couldn't make it to court myself. Find a local guy from right in town, they probably play golf with the DA or something. I got an 81/65 and a 54/30 knocked down to non-moving violations, no points, and I didn't even have to waste an evening sitting in court, the lawyer did that for me. Great option if you get a speeding ticket far away from home too and can't justify traveling all the way back to make a court appearance. Traffic lawyers typically charge somewhere in the range of $300-500 a pop. It sounds like a lot but if you calculate how much you'd be paying via insurance hikes if those had gone through as moving violations, it pays for itself over the course of a few years.


Having said that, I don't know what kind of reputation Albany has. If they're easy-going OP might as well save her money and go alone. I've gotten out of 3 moving violations without representation, just by showing up and being polite.
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