Plead Guilty or Not Guilty? | Page 6 | The Boneyard

Plead Guilty or Not Guilty?

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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?
 

pepband99

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I've never gotten a speeding ticket. I guess I'm just lucky.
My point, which you ignored, was that i would bet you regularly exceed the posted speed limit, if only a little.

If speed limits were all strictly enforced, and/or a reasonable speed, roads would actually get safer. True scofflaws would be easier to spot, and easier to pull over. Grandmas would outright avoid the highway. I would gladly obey any speed limit which was a true limit.
 
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My point, which you ignored, was that i would bet you regularly exceed the posted speed limit, if only a little.

If speed limits were all strictly enforced, and/or a reasonable speed, roads would actually get safer. True scofflaws would be easier to spot, and easier to pull over. Grandmas would outright avoid the highway. I would gladly obey any speed limit which was a true limit.
No, sir. I maintain the posted speed limit and drive in the middle or right hand lanes.
 

Chin Diesel

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As determined by you? You do know that speed limits are based on science not your personal preference.

That's laughably untrue. There are some standards roads are to built to in terms of size, lanes, site lines, slopes, etc but to suggest they are based on hard science is beyond stretching the truth.
 
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Look at this monster I started. Off-season Boneyard at its finest...

Just got this in the mail today:

Court date mid-August

"Although you are under no obligation to do so, you may attempt to negotiate a disposition instead of appearing in court. Unless a written plea agreement is received by the court prior to the court date, you will be required to appear as scheduled.


Your thoughts? Talk to me.
 

Waquoit

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That's laughably untrue. There are some standards roads are to built to in terms of size, lanes, site lines, slopes, etc but to suggest they are based on hard science is beyond stretching the truth.
I'm talking about highways, that's where you guys are going 90+ I assume.
 

HuskyHawk

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Look at this monster I started. Off-season Boneyard at its finest...

Just got this in the mail today:

Court date mid-August

"Although you are under no obligation to do so, you may attempt to negotiate a disposition instead of appearing in court. Unless a written plea agreement is received by the court prior to the court date, you will be required to appear as scheduled.


Your thoughts? Talk to me.
This is where you call the DA to negotiate. It costs a lot to pay a cop time and half to show, plus a lawyer. You don’t want it to be a reportable moving violation. They don’t want you to show up but want their money. They’ll offer to make it non-moving if you pay the fine plus some court costs. I’m estimating here as I’ve not done this in CT or NY.

If you are more worried about the fine than your insurance they might just cut the fine if you plead guilty or no contest to a lesser speed. Nolo Contendre means no contest. It’s an admission not of guilt but that you aren’t contesting the charges.
 
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This is where you call the DA to negotiate. It costs a lot to pay a cop time and half to show, plus a lawyer. You don’t want it to be a reportable moving violation. They don’t want you to show up but want their money. They’ll offer to make it non-moving if you pay the fine plus some court costs. I’m estimating here as I’ve not done this in CT or NY.

If you are more worried about the fine than your insurance they might just cut the fine if you plead guilty or no contest to a lesser speed. Nolo Contendre means no contest. It’s an admission not of guilt but that you aren’t contesting the charges.
Thanks for your help, but I don't speak the language of the law anywhere near as fluently as I do of mid-major basketball or KenPom's stats...

Personally, I'm more worried about insurance hikes than the one-time fee. Would you recommend for me to negotiate for the disposition?
 

HuskyHawk

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Thanks for your help, but I don't speak the language of the law anywhere near as fluently as I do of mid-major basketball or KenPom's stats...

Personally, I'm more worried about insurance hikes than the one-time fee. Would you recommend for me to negotiate for the disposition?
You can either hire a lawyer or call the DA office yourself. It will cost you to hire a lawyer. I’d be prepared to tell him/her you’re concerned about the moving violation points and ask what he/she can do. First mention you were just traveling with the flow of traffic and perhaps radar got a different car since it was busy. They will offer something because it costs too much to have cops testify. You’ll likely need to decide on the spot.
 

pepband99

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As determined by you? You do know that speed limits are based on science not your personal preference.
RIF. Please read my whole post, as it's pretty clear.

To answer your half-baked question: No. Meaning, if everyone going over the speed limit were pulled over, it's a true limit. 56 in a 55? You're toast.
The cat & mouse game is the problem. You invite people to drive over, and don't penalize.

I would also back off a little on the science bit - at best, it's dated, based on improvements in cars and technology. At worst, it's outright nonsense, based on 55 largely being a remnant of the 70s gas crisis, and largely for economy, not safety (or science).
 

Waquoit

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RIF. Please read my whole post, as it's pretty clear.
Yesterday, I'm in the right lane keeping up with the car in front of me. Guy drives up my ass, passes me going at least 80 on the right, using the exit lane. Crosses over two lanes, then crosses back because he was taking the next exit. Then he locked up the brakes because the exit had a backup. Was that you?
 
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Update:

I submitted a written plea offer back in July and my court date was scheduled to be last Friday.

I got an email today from the state and they recommend me to accept a plea of guilty to the reduced charge of a Vehicle and Traffic Law 1202, which is basically a parking violation that will have a fine to be determined (found $$$ in other NY counties, but not Orange) and no points on my insurance.

Obviously, I did my crime, hoping the fine isn't too steep (saw one county charge $480 after fees) but just glad it doesn't affect my insurance.
 
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Update:

I submitted a written plea offer back in July and my court date was scheduled to be last Friday.

I got an email today from the state and they recommend me to accept a plea of guilty to the reduced charge of a Vehicle and Traffic Law 1202, which is basically a parking violation that will have a fine to be determined (found $$$ in other NY counties, but not Orange) and no points on my insurance.

Obviously, I did my crime, hoping the fine isn't too steep (saw one county charge $480 after fees) but just glad it doesn't affect my insurance.
did you "Engage in the retail sale of frozen desserts"?
 

FfldCntyFan

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Update:

I submitted a written plea offer back in July and my court date was scheduled to be last Friday.

I got an email today from the state and they recommend me to accept a plea of guilty to the reduced charge of a Vehicle and Traffic Law 1202, which is basically a parking violation that will have a fine to be determined (found $$$ in other NY counties, but not Orange) and no points on my insurance.

Obviously, I did my crime, hoping the fine isn't too steep (saw one county charge $480 after fees) but just glad it doesn't affect my insurance.
As the charge is not a moving violation you should be very happy. That part alone could over time save you more than a thousand dollars in insurance premiums. You may want to ask if you can plead no contest instead of guilty with the same fine. It may come to nothing but you won't have an admission of guilt on your record.
 
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I don't understand why the state doesn't just install speed camera's on the highway. Simular to what other states use for EZ pass. The state would make a lot more money off these tickets than other states do off tolls.
 
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I don't understand why the state doesn't just install speed camera's on the highway. Simular to what other states use for EZ pass. The state would make a lot more money off these tickets than other states do off tolls.
That’s what I was thinking, I guarantee there would be far less lane jumpers. It seems to get worse every time I’m on the highway it’s sickening those people have zero regard for human life.

I saw one of the greatest things ever on the road last weekend. I get onto 84 going West, I’m in the middle lane it was very open im going around 65-70 I had this car with Maryland plateson top of me so I intentionally go slower and just coast so he goes into the fast lane, on top of the car in the fast lane, the person in front of him had to have been going in the 80s. I see a state trooper in the right hand lane practically in my blind spot.

So obviously going in the 80s wasn’t fast enough for this guy so he jumps into the middle lane where there is another car and he he goes back into the fast getting ahead of the other car by an inch while nearly colliding with the vehicle in the middle.

The trooper all of the sudden is flying into the fast lane a car moves over for him and he’s right on top of the Maryland car for a good 5 seconds and bangs the lights and they instantly pull all the way over. I’m pumping my fists and laughing. Was so pumped because you never see lane jumpers get pulled over.
 

Chin Diesel

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I don't understand why the state doesn't just install speed camera's on the highway. Simular to what other states use for EZ pass. The state would make a lot more money off these tickets than other states do off tolls.

I'm literally dealing with this from a trip I took to Netherlands a few months ago. Infrared speed cameras all over the place. And it's no joke with the tolerances. 86km in an 80km zone (about 54 in a 50 mile) is $55-$60 fine.
 
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I'm literally dealing with this from a trip I took to Netherlands a few months ago. Infrared speed cameras all over the place. And it's no joke with the tolerances. 86km in an 80km zone (about 54 in a 50 mile) is $55-$60 fine.
Speed cameras just became legal in CT a couple months ago. I know West Hartford already said they're going to install some.
 

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