Plead Guilty or Not Guilty?

[Hey Adrien!]

Now that I have your attention...

On Friday, I was pulled over on I-84 E going 79 on a stretch of the road just west of Newburgh, NY where the speed limit switches from 65 to 55.

I was driving along with traffic, staying on the left lane, but not passing anyone on the right lane. Literally, just bad luck: I guess, the cop could have pulled over his pick of 50 other cars that passed him at the same speed or faster within the 30 seconds the radar got me.

Anywho, it's been a while since my last ticket. Should I simply plead guilty and accept the fine/upcharge of car insurance, etc, or should I feel lucky by pleading not guilty and seeing what happens?

 

[Scoe]

Plead not guilty I have sucessfully had 2 speeding tickets appealed, I guarantee you the cop won’t show up.

The Waze app is a great thing to have btw. I almost always use it when going on the highway especially out of state. Always good to know at least a mile ahead of time if cops are ahead.

 

[Scoe]

All you guys going over 80 ought to pay double. You're also making way to many unsafe lane changes.

More like over 90, if you stay 80 the entire drive then okay people need to learn how to pick their spots and give themselves distance. When going in the 80s.

 

[Letsgohuskies11]

 

[Zanzman]

Plead not guilty then do a scouting report on trooper , I’d being dyeing to read it

 

[temery]

If your court date is changed it's likely because the officer has written several tickets, or will be in the court that day for another case. If so, don't count on the automatic dismissal. Ask that it be moved four days later (better chance the cop will be off duty).

Bring your paperwork, including the ticket, but be careful not to show it to anyone but the court, if asked. I've seen cops show up unprepared, ask the driver if he has the ticket.

Having a lawyer will usually get it knocked down. If you go without a lawyer, consider asking one who just won a case if he has time for you, and how much it would cost. Preferably one you've seen talking to the clerk and or court officers. Likely means the lawyer is there often, and friendly with court workers.

Most lawyers have several cases moved to the same date for efficiency, so lawyers sit and wait between cases. Actually, some court houses will put aside a day just for similar cases. Larger cities have courts just for traffic violations.

 

[Stinger92860]

Now that I have your attention...

On Friday, I was pulled over on I-84 E going 79 on a stretch of the road just west of Newburgh, NY where the speed limit switches from 65 to 55.

I was driving along with traffic, staying on the left lane, but not passing anyone on the right lane. Literally, just bad luck: I guess, the cop could have pulled over his pick of 50 other cars that passed him at the same speed or faster within the 30 seconds the radar got me.

Anywho, it's been a while since my last ticket. Should I simply plead guilty and accept the fine/upcharge of car insurance, etc, or should I feel lucky by pleading not guilty and seeing what happens?

Just curious, were you using Waze at the time?

 

[HuskyHawk]

The only other suggestion is they ah e heard every excuse in the book. I also have the MetLife legal plan now. If I get a ticket a lawyer will go in there for me and plead it.

In Kansas City this is the primary occupation of most new lawyers trying to run their own practice. It's a racket. Every county does it a different day, so you load up on clients and plead them to non-moving, which the DA charges more than the fine for. You bill the client about $50 flat (at least in the 90s, probably $100 now), but try to get 10 cases+. Keeps the lights on for some folks.

 

[Kitaman]

If you are out of state and know that you will have a problem making the court date (logistics), does that make a difference when you plead not guilty?

Also because of the pandemic nowadays are such trials done via zoom, so your physical presence is not required?

Zoom trials would seem to be a no brainer, but physical requirements would seem a more complicated decision.

 

[gtcam]

As many here have said - dont not plead guilty on any moving violation.
Call the court 2-3 days before and see if you can change the court day due to a family emergency. State trooper wont likely show up because they write most of their tickets on certain days and show up for court to hear them all on the appointed day of the hearings.
When/if you show up, tell the truth - say you were going with the flow of the traffic and cant understand why you were picked out - if folks were passing you - mention that. My best guess is that you didn't have a NY license plate is the reason he nabbed you.
Good luck

 

[HooperScooper]

All you guys going over 80 ought to pay double. You're also making way to many unsafe lane changes.

80 is the new 60. I can barely drive my car under 80 on the highway and when I'm going 80 it seems everyone else is going at least 85. And I don't weave and make unsafe lane changes.

 

[karstenkibbe]

Just mailed in the “plead not guilty” notice. I figure, I’m only an hour from Newburgh and Beacon is a pretty cool town that I could check out on my way home.

Hit the new taproom at Hudson Valley Brewery in downtown Beacon. Or… go the organic farm route and visit Ober Creek Brewing in Wappingers Falls. Both are 5-10 minutes off of 84. Both have fantastic pizza (via food truck partners).

 

[HooperScooper]

Hit the new taproom at Hudson Valley Brewery in downtown Beacon. Or… go the organic farm route and visit Ober Creek Brewing in Wappingers Falls. Both are 5-10 minutes off of 84. Both have fantastic pizza (via food truck partners).

Or drive a few miles west and go to Equilibrium in Middletown.

 

[Scoe]

Is the trooper an Orange fan?

 

[Scoe]

80 is the new 60. I can barely drive my car under 80 on the highway and when I'm going 80 it seems everyone else is going at least 85. And I don't weave and make unsafe lane changes.

Hell when I go 90 I get tailgated, always slow the hell down when I’m at 90, it’s more dangerous to be driving in the 60s then 80s especially in the fast lane, pending on traffic, weather and age of course. Weavers should have a huge fine and jail time.

 

[karstenkibbe]

Or drive a few miles west and go to Equilibrium in Middletown.

EQ’s slide toward IPA mediocrity came up in the beer thread about a year ago. Nothing memorable about their haze anymore. Their diabetes-inducing pastry stouts are still fantastic though!

 

[temery]

Not sure if this is everywhere, but some states the ticket can be appealed in court.

Points may have to appeal at the registry or an appeal to the insurance company.

 

[August_West]

Man. Such scoundrels in this thread.

Bad Boyz

 

[August_West]

Plead not guilty by reason of insanity.

Eat your underwear at the trial.

You’re welcome.

You ever see the movie training day and the story about the peanut butter? That’s actually true and a dude actually used it.

 

[August_West]

In Kansas City this is the primary occupation of most new lawyers trying to run their own practice. It's a racket. Every county does it a different day, so you load up on clients and plead them to non-moving, which the DA charges more than the fine for. You bill the client about $50 flat (at least in the 90s, probably $100 now), but try to get 10 cases+. Keeps the lights on for some folks.

You guys are American heroes

 

[Hey Adrien!]

Just curious, were you using Waze at the time?

No.

Were you returning from trolling Syracuse residents?

Haha, thank god, no.

Was in PA on a one-night getaway in the Northern Poconos, but I did wear my UConn gear the night of the draft.

 

[HuskyHawk]

You guys are American heroes

No heroics, just a ridiculous system rigged to the profit of the county and the lawyers that know people don’t want their insurance to go up.

 

[Scoe]

A 65 mph zone turned into a 55 mph zone that’s intentional if you ask me.

 

[Scott2Tate]

Recently pulled over clocked at 85 on 91N near Windsor. Trooper didn't want to hear what I had to say so I plead not guilty online with explanation and they came back with an offer after a few weeks that I accepted. I could have rejected it again and took my chances but they changed the charge and cut the fee from $300 plus to under $150. No going to court involved.

there was actually a cop on 91??? Now that shocks me! I drive from New Haven to VT all the time, and feel like I have to drive a min of 80 mph to keep from getting run over by the nascar driving balloon knots….who all curiously slow down as soon as they get to the MA line…

 

[Spaceman213J]

Plead not guilty by reason of insanity.

Eat your underwear at the trial.

You’re welcome.

They may elect him to office in NY. Is that worse than paying a fine?

 

[CTBasketball]

Plead not guilty. Best case scenario is the officer doesn’t show up. If he does, he’ll likely offer you a lesser fine or if denied you’ll go to the courtroom.

First line of defense you can take is ask the officer to present the statute and up to date law that you broke. Make sure it’s updated, a lot of smaller towns don’t care to update their statutes every year. That’s an automatic get out of jail free.

Second thing is to question the speed recording. Ask what type of measurement the officer used to monitor your speed (might be on your ticket). Ask if the radar gun (if used) was calibrated and ask for the documentation showing such. It needs to be in court, you need to prove reasonable doubt against the charge. Not sure on the weather when you got pulled over, but certain radar guns are ineffective in high humidity and moisture (snow, rain, fog, drizzle). Water particles impact the radar signal slightly, if you want data on this I can provide it.

If the officer fails to have any of the above or used the “stop counting method” where they count seconds until you pass and estimate speed, you can use a simple questioning procedure to “trick” him into saying you were going an unrealistic speed. For example, “Officer would you say I was about 1/4 mile away from you or greater?” Then follow up with “and about how many seconds did you count me driving toward you in your vision?” 99% of the time he’ll answer some BS and you can calculate speed by diving the distance he gives by the speed, then converting miles/sec to miles/hour quickly. If he says you go 1/4 mile in 4 seconds then you can calculate that he said you were going ~230 mph. Then you print out the specs of your car to prove that’s not possible.

I can go on and on.

 

[HCCForever]

Disagree. It's worth the money to avoid spending a day in a courtroom full of lowlifes and miscreants. What are they going to do? Knock it down a 100.00? For the time it takes to drive there, sit there, plead your stupid case or negotiate with the DA, then drive home? I'd rather sit on my couch watching cartoons.

For me, it was always better to fight the fines due to insurance implications.

I once drove back to Salem VA from CT to fight a speeding ticket since I couldn't handle the insurance premium increase and I had plenty of vacation time. The case was dismissed since the officer didn't show up. It was worth it to me.

I fought a case in CT as well. Once in the courtroom I discovered that my license number was off a digit. Case dismissed.

Though you are correct that the courtroom is full of lowlifes and miscreants especially at the Rockville courthouse, it is also full of humorous stories. I saw a young male arrested for drunken driving. He had stopped a state cop asking for directions to a UConn party while drunk somewhere on 195. You can't make this stuff up.

 

[uconnfan68]

Plead not guilty. Best case scenario is the officer doesn’t show up. If he does, he’ll likely offer you a lesser fine or if denied you’ll go to the courtroom.

First line of defense you can take is ask the officer to present the statute and up to date law that you broke. Make sure it’s updated, a lot of smaller towns don’t care to update their statutes every year. That’s an automatic get out of jail free.

Second thing is to question the speed recording. Ask what type of measurement the officer used to monitor your speed (might be on your ticket). Ask if the radar gun (if used) was calibrated and ask for the documentation showing such. It needs to be in court, you need to prove reasonable doubt against the charge. Not sure on the weather when you got pulled over, but certain radar guns are ineffective in high humidity and moisture (snow, rain, fog, drizzle). Water particles impact the radar signal slightly, if you want data on this I can provide it.

If the officer fails to have any of the above or used the “stop counting method” where they count seconds until you pass and estimate speed, you can use a simple questioning procedure to “trick” him into saying you were going an unrealistic speed. For example, “Officer would you say I was about 1/4 mile away from you or greater?” Then follow up with “and about how many seconds did you count me driving toward you in your vision?” 99% of the time he’ll answer some BS and you can calculate speed by diving the distance he gives by the speed, then converting miles/sec to miles/hour quickly. If he says you go 1/4 mile in 4 seconds then you can calculate that he said you were going ~230 mph. Then you print out the specs of your car to prove that’s not possible.

I can go on and on.

You’ve really thought this through. Kudos!

 

[Deepster]

For me, it was always better to fight the fines due to insurance implications.

I once drove back to Salem VA from CT to fight a speeding ticket since I couldn't handle the insurance premium increase and I had plenty of vacation time. The case was dismissed since the officer didn't show up. It was worth it to me.

I fought a case in CT as well. Once in the courtroom I discovered that my license number was off a digit. Case dismissed.

Though you are correct that the courtroom is full of lowlifes and miscreants especially at the Rockville courthouse, it is also full of humorous stories. I saw a young male arrested for drunken driving. He had stopped a state cop asking for directions to a UConn party while drunk somewhere on 195. You can't make this stuff up.

If you’re that concerned about the insurance, obey the speed limit and pay better attention.

 

[AZHuskiePop]

The key with speeding tickets is not so much the ticket but how that ticket will affect your insurance rate .
My last speeding ticket was in Nashville on I 24. and it never counted against my insurance . So I paid it . If it’s going to Jack up your rate you might get it reduced to a failure to obey traffic sign or some lesser charge , so going to court , getting a plead deal . even with an attorney might be the more prudent move. If it’s only a fine than just pay my times worth more that the cost of a ticket .
I have some great memories of that stretch of 84 when that was normal Friday destination as the drinking age was 18 Va 21 . You don’t want to know how fast we were going returning at 2AM .
Also you could buy alcohol on s Sunday. My crew was a tad crazy and the fact I’m alive is only by incredible luck.

 

[RC111]

@Hey Adrien! read your ticket thoroughly. Mine specifically said no points for out of state and no reporting to insurance if I didn't fight it. Sounds crooked and it probably is but I was definitely speeding so paid up to be safe.

This. I was pulled over for doing 70 (only 70!) in upstate NY. The speed limit had been 65 before a toll booth, then switched to 55 after the booth. I was pulled over 100 yards BEFORE the first sign notifying the change and even called the cop on it. The cop didn't even deny it.

My uncle, who sold me my insurance policy, ran a check before the fine was due and told me that the ticket hadn't registered a full month later and wouldn't hurt my insurance because it was out of state. The only reason to spend more money driving 8 hours and fighting the ticket would be for a moral victory. I paid the ticket, saved some money on gas, and let NY win. Insurance never went up.