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Posted: 8/19/2016 2:54:12 PM EDT
[#1]
I know it costs money but hire a lawyer.
I have given this advise to many people and the ones who did get an attorney said later it was worth every penny. You don't want the points on her license. |
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Posted: 8/19/2016 4:49:49 PM EDT
[#2]
How is the Liberty DA? It really dependso on the prosecutor. See if you can dig up any info on how strick/lenient they may be before you come up with a defensive plan.
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Posted: 8/19/2016 5:30:18 PM EDT
[#3]
Quote HistoryQuoted:
How is the Liberty DA? It really dependso on the prosecutor. See if you can dig up any info on how strick/lenient they may be before you come up with a defensive plan. DA is good starting point and develop a defense from there . Thanks Edit: Judges of Liberty are Hon. Jeffrey Altbach and Hon. Brian Rourke Prosecutors Stephen F. Lungen Sullivan County DA's office Type Of Cases Speeding on Route 17 is the biggest volume here, plus some alcohol-related offenses. |
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Posted: 8/20/2016 7:34:03 AM EDT
[#4]
Take Mikes advice
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Posted: 8/20/2016 7:52:42 AM EDT
[#5]
Quoted:
My daughter received a speeding ticket 82 in a 65 she said she was on cruise control doing around 72 .... Any suggestion with a defense? To start, don't say she was only doing 72. It's an admission that she was speeding. Then, yeah, that lawyer thing. Should, at least, be able to get it reduced to an 1110A ("failure to obey a traffic control device") ... pretty sure that everyone has had an 1110A at least once in their life. It's only 2 points and those can often be removed after taking a Defensive Driving Course. |
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Posted: 8/20/2016 8:04:43 AM EDT
[#6]
Yep get a lawyer you might walk with just a seat belt and huge fine.. Its a money game period.. Da's handle all the cases why they want the money.. Welcome to NY.. She gets to pay her 1st road tax as i call them now..
Down south they just make it easier.. Pay now or spend a night and jail.. |
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Posted: 8/20/2016 8:09:02 AM EDT
[#7]
Yes that downhill stretch on the way to Liberty from Parksville is a classic speed trap. I have not traveled that way in three years now but before that I would usually see someone pulled over there. I treat that area and the area near the barracks in Monroe with extreme caution as they are well known speed traps.
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Posted: 8/20/2016 9:42:45 AM EDT
[#8]
I thought plea bargaining down from a moving violation was not being done anymore because the state wasn't getting their surcharge money.
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Posted: 8/20/2016 1:17:12 PM EDT
[#9]
Quote HistoryQuoted:
I thought plea bargaining down from a moving violation was not being done anymore because the state wasn't getting their surcharge money. State Police cannot plea bargain their tickets but most towns have a special prosecutor who makes sure the money stays in the Town coffers instead of mostly going to Albany. |
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Posted: 8/20/2016 8:40:44 PM EDT
[#10]
I've never understood the lawyer thing.
I've never had a lawyer, and to date I've never had a speeding ticket stick. They will plead it down samey same whether you have a lawyer or not in my experience. "Parking on pavement." |
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Posted: 8/21/2016 11:21:39 AM EDT
[#11]
Plead not guilty, and write a letter to the ADA and they will probably let her just plea it out to a non-moving fuzzy dice ticket.
Ive had pretty good luck with that for the couple tickets ive gotten over the years. |
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Posted: 8/21/2016 4:55:51 PM EDT
[#12]
Quote HistoryQuoted:
I've never understood the lawyer thing. I've never had a lawyer, and to date I've never had a speeding ticket stick. They will plead it down samey same whether you have a lawyer or not in my experience You might be right. To be honest, I'm directly related to the lawyer I've used, so the price is right. One other perk is that they often call cases with representation first, so you usually get out sooner. |
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Posted: 8/21/2016 8:09:53 PM EDT
[#13]
About 10 years ago I got caught by a Trooper dong 82 in a 55 ( Just above the TappanZee Bridge).
I found a lawyer online from that area, cost me $ 350 cash and the ticket was changed to "parking on the grass" or something like that, no points. Worth every penny... DanG |
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Posted: 8/21/2016 9:02:17 PM EDT
[#14]
I agree I have to retain a lawyer and she will pay me back, Maybe she will get lucky and walk way with parking on the grass or something. I'll let you guys know what happens.
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Posted: 8/30/2016 8:14:54 PM EDT
[#15]
We notice that my daughters speeding ticket time says 11:11 am written in Liberty NY going North on RT 17 . That's funny because the EZ Pass statement on the same day says 11:30am she was passing through the tolls going north towards Liberty. Any ground to stand on here? Is it possible that he clocked someone else?
Edit: Change time |
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Posted: 8/31/2016 9:40:36 AM EDT
[#16]
Quote HistoryQuoted:
We notice that my daughters speeding ticket time says 11:11 am written in Liberty NY going North on RT 17 . That's funny because the EZ Pass statement on the same day says 11:30am she was passing through the tolls going north towards Liberty. Any ground to stand on here? Is it possible that he clocked someone else? Edit: Change time I'm assuming the toll is before the place she got pulled over. My wife had the same situation occur way back with a trooper. He messed up the times and direction. She had a time clock punch in from her job which proved the inconsistancies. The prosecutor really didn't care much, he wanted to go to trial because we refused to accept any low point deal due to the technicality. The trooper could not make it that day, so he gave in and gave my wife a parking violation. With that said, the prosecutor holds the key to points/no points. If he/she is a dealer, you "should" be ok but as others have said, get an attny and have them hammer every angle. That's their job. |
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Posted: 8/31/2016 7:31:08 PM EDT
[#17]
Quote HistoryQuoted:
I'm assuming the toll is before the place she got pulled over. My wife had the same situation occur way back with a trooper. He messed up the times and direction. She had a time clock punch in from her job which proved the inconsistancies. The prosecutor really didn't care much, he wanted to go to trial because we refused to accept any low point deal due to the technicality. The trooper could not make it that day, so he gave in and gave my wife a parking violation. With that said, the prosecutor holds the key to points/no points. If he/she is a dealer, you "should" be ok but as others have said, get an attny and have them hammer every angle. That's their job. Quote HistoryQuoted:
Quoted:
We notice that my daughters speeding ticket time says 11:11 am written in Liberty NY going North on RT 17 . That's funny because the EZ Pass statement on the same day says 11:30am she was passing through the tolls going north towards Liberty. Any ground to stand on here? Is it possible that he clocked someone else? Edit: Change time I'm assuming the toll is before the place she got pulled over. My wife had the same situation occur way back with a trooper. He messed up the times and direction. She had a time clock punch in from her job which proved the inconsistancies. The prosecutor really didn't care much, he wanted to go to trial because we refused to accept any low point deal due to the technicality. The trooper could not make it that day, so he gave in and gave my wife a parking violation. With that said, the prosecutor holds the key to points/no points. If he/she is a dealer, you "should" be ok but as others have said, get an attny and have them hammer every angle. That's their job. I told my daughter we will still need to retain an attorney anyway. The time is wrong on the ticket and the ticket is electronically printed out and time stamped . The EZ Pass is electronically generated as well and time stamped. Based on the evidence of the printed ticket and the standard cut and paste "direct observation" IMHO it should be thrown out on technicality . But it wont be thrown out because they need the money. Edit: But if you were a criminal they would use the EZ Pass time stamp because it works for them. I pay $385 a month for my EZ Pass so it should work to my advantage as well 
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Posted: 9/1/2016 1:26:09 PM EDT
[#18]
Quote HistoryQuoted:
I'm assuming the toll is before the place she got pulled over. My wife had the same situation occur way back with a trooper. He messed up the times and direction. She had a time clock punch in from her job which proved the inconsistancies. The prosecutor really didn't care much, he wanted to go to trial because we refused to accept any low point deal due to the technicality. The trooper could not make it that day, so he gave in and gave my wife a parking violation. With that said, the prosecutor holds the key to points/no points. If he/she is a dealer, you "should" be ok but as others have said, get an attny and have them hammer every angle. That's their job. Quote HistoryQuoted:
Quoted:
We notice that my daughters speeding ticket time says 11:11 am written in Liberty NY going North on RT 17 . That's funny because the EZ Pass statement on the same day says 11:30am she was passing through the tolls going north towards Liberty. Any ground to stand on here? Is it possible that he clocked someone else? Edit: Change time I'm assuming the toll is before the place she got pulled over. My wife had the same situation occur way back with a trooper. He messed up the times and direction. She had a time clock punch in from her job which proved the inconsistancies. The prosecutor really didn't care much, he wanted to go to trial because we refused to accept any low point deal due to the technicality. The trooper could not make it that day, so he gave in and gave my wife a parking violation. With that said, the prosecutor holds the key to points/no points. If he/she is a dealer, you "should" be ok but as others have said, get an attny and have them hammer every angle. That's their job. So what was the time she was actually stopped? If there's dashcam footage, GPS data, or dispatch records of the trooper's stop, the EZPass (which can be placed onto another vehicle) record defense won't hold much water. |
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Posted: 9/1/2016 2:29:49 PM EDT
[#19]
Had a friend get a ticket in Brighton, NY outside of Rochester. All sorts of discrepancies on the ticket from date to type of car and even wrong first name.
When it was notated to the judge by the attorney, judge stated basically IDGAF... Ticket is only an invitation for you to be here. Unfortunately the cop that wrote the ticket was there and "visually" identified my friend and that was the end of that. |
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Posted: 9/1/2016 5:50:33 PM EDT
[#20]
Quote HistoryQuoted:
IMHO it should be thrown out on technicality If the judge did dismiss the ticket, the trooper would just have to issue a new ticket with the correct time and you are back to square one. |
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Posted: 9/1/2016 8:59:28 PM EDT
[#21]
Quote HistoryQuoted:
If the judge did dismiss the ticket, the trooper would just have to issue a new ticket with the correct time and you are back to square one. Quote HistoryQuoted:
Quoted:
IMHO it should be thrown out on technicality If the judge did dismiss the ticket, the trooper would just have to issue a new ticket with the correct time and you are back to square one. Correct double jeopardy does not come into play nor statue of limitations. Bottom line,the court can re write the ticket at its leisure. Anyway ,the attorney wants $400 to knock some points off and $1000 to go all out and he knows the prosecutor... Good grief almighty. |
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Posted: 9/1/2016 9:06:52 PM EDT
[#22]
Quote HistoryQuoted:
Correct double jeopardy does not come into play nor statue of limitations. Bottom line,the court can re write the ticket at its leisure. Anyway ,the attorney wants $400 to knock some points off and $1000 to go all out and he knows the prosecutor... Good grief almighty. Quote HistoryQuoted:
Quoted:
Quoted:
IMHO it should be thrown out on technicality If the judge did dismiss the ticket, the trooper would just have to issue a new ticket with the correct time and you are back to square one. Correct double jeopardy does not come into play nor statue of limitations. Bottom line,the court can re write the ticket at its leisure. Anyway ,the attorney wants $400 to knock some points off and $1000 to go all out and he knows the prosecutor... Good grief almighty. That really sucks balls, jeeze, it's that expensive? |
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Posted: 9/1/2016 9:15:47 PM EDT
[#23]
Quote HistoryQuoted:
So what was the time she was actually stopped? If there's dashcam footage, GPS data, or dispatch records of the trooper's stop, the EZPass (which can be placed onto another vehicle) record defense won't hold much water. Quote HistoryQuoted:
Quoted:
Quoted:
We notice that my daughters speeding ticket time says 11:11 am written in Liberty NY going North on RT 17 . That's funny because the EZ Pass statement on the same day says 11:30am she was passing through the tolls going north towards Liberty. Any ground to stand on here? Is it possible that he clocked someone else? Edit: Change time I'm assuming the toll is before the place she got pulled over. My wife had the same situation occur way back with a trooper. He messed up the times and direction. She had a time clock punch in from her job which proved the inconsistancies. The prosecutor really didn't care much, he wanted to go to trial because we refused to accept any low point deal due to the technicality. The trooper could not make it that day, so he gave in and gave my wife a parking violation. With that said, the prosecutor holds the key to points/no points. If he/she is a dealer, you "should" be ok but as others have said, get an attny and have them hammer every angle. That's their job. So what was the time she was actually stopped? If there's dashcam footage, GPS data, or dispatch records of the trooper's stop, the EZPass (which can be placed onto another vehicle) record defense won't hold much water. My daughter received the ticket and supporting documentation with 11:11am on it and passed through the Harriman toll like 11:30am . I'll ask her what time she was pulled over. Whos to say she may have been going fast she has Crohns Disease and may have needed a restroom.. Edit: Around 12:30 she was pulled over. |
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Posted: 9/1/2016 10:07:46 PM EDT
[#24]
I've had two speeding tickets within months of one another a few years ago. The first one was downgraded to failure to obey a traffic control device and the 2nd one was downgraded to something else I cannot remember with no points.
No lawyer was needed. I just plead not guilty and showed up to court. I stood in line and followed what everyone else before me did. They offer you a lesser violation and you take it. You see the judge, plead guilty and pay your fine. Getting a lawyer is just a waste of money in my opinion. |
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Posted: 9/2/2016 12:10:30 PM EDT
[#25]
Quote HistoryQuoted: Correct double jeopardy does not come into play nor statue of limitations. Bottom line,the court can re write the ticket at its leisure. Anyway ,the attorney wants $400 to knock some points off and $1000 to go all out and he knows the prosecutor... Good grief almighty. My one and only speeding ticket was issued back in September 1988 heading southbound on the Throggs Neck Bridge. I was charged with doing 60 in a 40. When I eventually looked over the ticket carefully two days later I noticed it was undated and there was no time or date of the offense. It appeared that it had been pre-filled out and only my information added after-the-fact. I went to court prepared to contest the validity of the charge. However the officer did not show at the appointed time and the precinct told the court on a call from the clerk that he would be there eventually. The judge gave me the option to wait an hour or take a continuance. I waited the hour. The officer did not show and the judge dismissed the ticket. As I was the only case left and the case was closed, I asked the judge about the defective ticket. He told me that the defective ticket alone would not have been sufficient grounds for acquittal BUT taking it into account and the officer arriving late (had he arrived) he said if I had said anything in my defense he would have found for me. |
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Posted: 9/3/2016 11:51:38 AM EDT
[#26]
LOL. I got a ticket in liberty heading up to college 20 something years ago!
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Posted: 9/4/2016 3:52:01 PM EDT
[#27]
Quote HistoryQuoted:
LOL. I got a ticket in liberty heading up to college 20 something years ago! My daughter just graduated Binghamton she was on her way to Corning. Dam your getting old LOL! |
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Posted: 9/4/2016 6:40:33 PM EDT
[#28]
Quote HistoryQuoted:
I've never understood the lawyer thing. I've never had a lawyer, and to date I've never had a speeding ticket stick. They will plead it down samey same whether you have a lawyer or not in my experience. "Parking on pavement." That's it in a nut-shell: All they want is the money; it cost a lot for them to try and prosecute it if you fight it. Step one: appear in the Town Court, plead "Not guilty" and the Judge will set a return date, at which time the ADA will offer a plea bargain, (unless you're a totally deserving tool) the Court will get it's "Mandatory Court cost" and some fine proportional to what the speeding ticket will cost, and there will be no or minimal points. Really the whole fucking thing is a money making dog & pony show; one where they'd MUCH rather settle than drag the Cop(s) into Court, tie up the ADA's time, Judges time, and the hundred other poor fuckers the po-po caught....most would rather bend over or hire an attorney, which is fine if your time and pockets can handle the load, me they'd have to lock up 'cuz I ain't gotz da money. 
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Posted: 9/6/2016 1:23:55 PM EDT
[#29]
I received a ticket in Liberty on the same stretch of 17. Show up, and plead guilty to a non moving violation. The locals get to keep the fine, and you get no points on your license or raised insurance. Parking on the pavement seems to be their favorite ticket. Plead guilty to pulling over, and the speeding ticket goes away.
ETA: No need to spend money on a Lawyer. The court there will plead down any ticket to no points if you were not an asshole. The trooper who pulled me over even gave me instructions and repeated them several times, that it was in my best interest to not pay the ticket by mail, and to make sure I went to court. |
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Posted: 9/6/2016 11:05:54 PM EDT
[#30]
My daughter is going to go to court and hopefully they plead down to parking on the pavement with no points.
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Posted: 9/7/2016 12:44:02 PM EDT
[#31]
Quote HistoryQuoted:
My daughter is going to go to court and hopefully they plead down to parking on the pavement with no points. Unless her license is all fucked ip, that's exactly what will happen. Liberty is BROKE and needs the money. |
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Posted: 9/7/2016 5:44:01 PM EDT
[#32]
Quote HistoryQuoted:
Unless her license is all fucked ip, that's exactly what will happen. Liberty is BROKE and needs the money. Quote HistoryQuoted:
Quoted:
My daughter is going to go to court and hopefully they plead down to parking on the pavement with no points. Unless her license is all fucked ip, that's exactly what will happen. Liberty is BROKE and needs the money. License is GTG |
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