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?

 

[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.

 

[rman726]

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.

It sounds like you have a lot of experience, you speed demon… or lawyer.

 

[giddyup]

Plead not guilty. Go to court and try and plead I it down. You can’t admit to speeding. Make sure you can recite exactly where the cop was in relation to you and also how dense and proximate other cars were, and which cars/trucks that were around you and passed you. Look at your ticket and see if there are any notes on it regarding conditions, errors or omissions. It should also state the method of speed determination. If it doesn’t you tell the DA. It’s not recorded and you can determine if Ws don’t by pacing, VASCAR, aviation or radar. If the DA asks whether you were speeding, you can say you have no idea what speed you were traveling (unless you knew at moment when the cop clocked you - which you wouldn’t know) and you were going no faster than prevailing traffic. Be polite, not argumentative. Be perplexed as to why you were singled out given you made no lane changes or passed anybody. Most radars have an angle of aperture that limits resolution to about 40 feet wide so if there we cars next to you it could be the wrong vehicle.

My recommendation is contact the DA’s office and seek to talk to the prosecutor. They usually are decent. If he/she/it is a total jackass, tell him you want all the cop’s contemporaneous notes and the manual for the device he is used, and the last calibration record guy. Follow up with a letter demand for the information. If it isn’t delivered in time, you show up for the court date and tell the judge your story, how you were deprived of evidence or there is none, and roll the dice.

 

[uconnbill]

Fight it.

That stretch of highway has gotten many CT and out-of-state drivers. I was in the right lane going 65 when it turned 55 and was pulled over, even though I was being passed at the time. I mentioned that to the officer and he still gave me the ticket.

Came back and the fine was reduced to $50 and no points.

 

[temery]

It sounds like you have a lot of experience, you speed demon… or lawyer.

Never even been pulled over for a moving violation. Have been to court a few times. And now that I'm retired and bored, I go to the local court (very close) a couple times a month and watch for a few hours.

 

[nelsonmuntz]

Or, and stick with me on this, you guys could try driving within 15 miles per hour of the speed limit (10 if the speed limit is 65). I do not recall any of you being pediatric surgeons, so wherever you are going to can wait the extra 10 minutes it would take you to get there by going 68 in a 55, and not risking the ticket, instead of 80.

A lot of you are middle-aged guys whose eyesight and reactions are not what they once were, and you are just trying to change one song you don't like on your Apple Music playlist from killing someone or yourself. Speed kills in basketball, and it literally kills on the road.

 

[M.S.G.]

Why is there no eye roll emoji?

 

[Hankster]

@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.

It is crooked. I was hit with a 55 in a 26 in PA. Small street in the city and there were 3 cars in front of me. You couldn't speed if you wanted to. I was told the same by the officer. You can fight it if you want but no points if you pay for it. Another ticket going 40 in a 25 that the small town changed the speed limit over night. Cops everywhere. Well I fought it. I did my home work. I got before the judge and he and the officer talked me down to the minimum speed violation. No points, just pay and forget we didn't know each other. Saw a couple of videos made by retired law enforcement. It showed angle of the radar. I don't want to go through the whole video but bascally said the radar beam needs to hit the front of the car. Anywhere in the front. If they hit you on the side of the car it does give you a false reading. That was my presentation by going to the chalk board.= and asking questions. The court I went to had a old school desk with a shotgun leaning in the corner. Got the picture?

 

[Deepster]

I love that everyone blatantly ignores the posted speed limits, then whines when they get caught and spends all this time trying to cheat their way out of paying for it.

You wanna dance? You pay the fiddler.

 

[TheRealKBuks]

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?

I don't know how NY works but this may help you...

5 years ago I had just got my new car and it was the first time I had ever driven something with HP. Within a week I got pulled over driving 98 on I-84. I couldve been arrested but wasn't and was issued a ticket.

I went to traffic court and said these magic words "I would like to make a charitable donation in lieu of charges"

Ticket was thrown out, its off my record like it never happened and it only cost me 300 bucks.

Edit: the prosecutor clearly did not want to be there and was sending people out the door continuously for a lesser charge that cost 30 dollars. DO NOT TAKE THIS OPTION. you are pleading guilty to a moving violation. If you make a charitable donation IN LIEU OF CHARGES It will cost you more up front but will not be on your driving record.

I have done this 2x, the first time was a when I was 16 and was speeding in a construction zone. Same result, ticket thrown out and a charitable donation made in lieu of charges.

 

[Hey Adrien!]

I don't know how NY works but this may help you...

5 years ago I had just got my new car and it was the first time I had ever driven something with HP. Within a week I got pulled over driving 98 on I-84. I couldve been arrested but wasn't and was issued a ticket.

I went to traffic court and said these magic words "I would like to make a charitable donation in lieu of charges"

Ticket was thrown out, its off my record like it never happened and it only cost me 300 bucks.

Edit: the prosecutor clearly did not want to be there and was sending people out the door continuously for a lesser charge that cost 30 dollars. DO NOT TAKE THIS OPTION. you are pleading guilty to a moving violation. If you make a charitable donation IN LIEU OF CHARGES It will cost you more up front but will not be on your driving record.

I have done this 2x, the first time was a when I was 16 and was speeding in a construction zone. Same result, ticket thrown out and a charitable donation made in lieu of charges.

If this works, I love this idea. Much rather shell out $250 to the Husky Ticket Project than to NY State.

 

[TheRealKBuks]

If this works, I love this idea. Much rather shell out $250 to the Husky Ticket Project than to NY State.

Unfortunately you don't get to pick the charity, and the money will likely go to NY State regardless.

 

[notEwekon]

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.

Yeah, YOU'RE the guy who can safely operate a vehicle at 80.

When someone is doing 65 and you come up on them at 80+ you're significantly reducing the time that driver has to make a decision.

Not everyone's vehicle is capable of that speed, and it's quite possible yours won't be one day. Please don't take this as an overall character judgment because behind the windshield brings out the Hide in people, but at 80 you're acting like a complete Toolbox.

 

[TheRealKBuks]

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.

I once had a state trooper tell me that as long as you keep it under 80 no one will bother you.

 

[uconnfan68]

I once had a state trooper tell me that as long as you keep it under 80 no one will bother you.

Just don't pull out in front of them when they're doing 90 with no lights on.

 

[notEwekon]

Or, and stick with me on this, you guys could try driving within 15 miles per hour of the speed limit (10 if the speed limit is 65). I do not recall any of you being pediatric surgeons, so wherever you are going to can wait the extra 10 minutes it would take you to get there by going 68 in a 55, and not risking the ticket, instead of 80.

A lot of you are middle-aged guys whose eyesight and reactions are not what they once were, and you are just trying to change one song you don't like on your Apple Music playlist from killing someone or yourself. Speed kills in basketball, and it literally kills on the road.

I can't wish harm on anyone.

But these guys doing 80, I sincerely hope your mothers refuse to drive the highway one day, and it's a 40+ minute drive to pick them up for holidays