NY Speeding Ticket, NJ License

So this morning I was pulled over by an NYS trooper. Now before i get flamed.

Yes I was at fault, and i actually applaud the officer who caught me. I see it as if he can get me speeding i deserve the ticket. Therefore I am not stating my speed as it is irrelevant to my questions. I know I am going to have to pay fines. Now what i want is advice on what to do next. I am not familiar with NY laws and procedure.

i.e. in Jersey if you get a ticket you can go to court, talk to the prosecutor and pay a higher fine but not receive points on your license. you end up pleading guilty and your insurance is still affected but at least your driving record will stay clean or cleaner.

What are my next steps? Do I need to call the prosecutor or just mail in the ticket and plea not guilty? Then what do I do?

What is this support deposition? And how does this help/hurt me?

I looked up the Law 710.30(1)(A). The officer asked me the speed limit and my speed. I thought he was being rhetorical but it looks like it is now evidence against me if I do go to trial. But upon further reading 710.30(3) I wasnt notified that they would be asking for evidence. I don’t even know how that would help me.

Once I send in the ticket how do they notify me of the court date, through mail or phone call or both? I am willing to pay a higher fee I just want to try to not get DL points. I want to know what to do next. I dont want to just pay the fine and get points.

Reference:

“710.30

1. Whenever the people intend to offer at a trial

(a) evidence of a statement made by a defendant to a public servant, which statement if involuntarily made would render the evidence thereof suppressible upon motion pursuant to subdivision three of section 710.20, or”

“710.30

3. In the absence of service of notice upon a defendant as prescribed in this section, no evidence of a kind specified in subdivision one may be received against him upon trial unless he has, despite the lack of such notice, moved to suppress such evidence and such motion has been denied and the evidence thereby rendered admissible as prescribed in subdivision two of section 710.70.”

I looked up the Law 710.30(1)(A). The officer asked me the speed limit and my speed. I thought he was being rhetorical but it looks like it is now evidence against me if I do go to trial.

cops want to give people shit for being uncooperative, but this is exactly why. it's sad, but you should always keep your mouth shut because most of the time they don't care for your story, they care about keeping their boss happy which means generating revenue through tickets and getting easy prosecutions for the state.

i'd still opt for court, talk to the prosecutors beforehand, and offer a charitable donation.

Taking a Defensive Driving course should help for a couple of points. Even if you're just registered to take one by court time.

Also paying more/double to avoid points can only be used twice in NJ. I believe the 3rd moving violation within 36 months will have all tickets reinstated including all their points.

this is simple. any ticket in NY regardless of pt amount becomes a 2 point ticket in NJ. so unless you can have all points removed from the ticket in NY, the pt outcome will be the same

by going to court in NY, you have 3 outcomes.

1. you are found/plead guilty. you pay fine, and 2 pts on your NJ license.

2. you have the ticket reduced to a lower speed. still pay a fine, still get 2 pts on NJ license.

3.Cop is a no show, and they dismiss or reduce ticket to a non-moving violation. in this case, no pts on your NJ license.

Ive had #3 happen to me on several occasions in thoses small twon ct up and down the NY thruway or Tacaonic state pkwy. so if you are willing to roll the dice on a no-show, the worst that can happen is #1 or #2.

This will depend on the jurisdiction, but some courts will allow you to talk to the Police Officer who issued the summons before you appear before the judge. A lot of times, especially if you weren't being disrespectful to the officer, he will allow you to plead guilty to a lesser charge, with a lesser fine and fewer points on your license.

I would plead "not guilty" by mail and appear on the court date printed on the summons. DO NOT request a supporting deposition. That's like calling the PO a liar and will hurt your chances of having the charge reduced. And like whitetiger said, there's always the chance the PO doesn't show up. As far as contacting a lawyer, I wouldn't bother unless it was a DWI/AI or you're in danger of having your license suspended.

Thanks guys. Especially you Josh. Even outside of AutoX your always helping me. HAHAHAHA!!!!

I knew about the 2pt, i am hoping not to get it but if i do 'se la vie'. He caught me.

This will depend on the jurisdiction, but some courts will allow you to talk to the Police Officer who issued the summons before you appear before the judge. A lot of times, especially if you weren't being disrespectful to the officer, he will allow you to plead guilty to a lesser charge, with a lesser fine and fewer points on your license.

 

IMO in this case, pleading to a lesser charge is useless unless its a no point charge. even if he were to plead to a 1 pt ticket in NY, his NJ license would still get 2pts due to NJ's reciprocity rules. Odds are he was doing 15mph+ over to get pulled over. so a reduction would still be a speeding charge with a lower speed. No point in contesting it if he is gonna get the same result in NJ in the end. so the only thing left is to hope for the cop not to show. Otherwise just pay the ticket and avoid the drive back to the court if its a long drive.

IMO in this case, pleading to a lesser charge is useless unless its a no point charge. even if he were to plead to a 1 pt ticket in NY, his NJ license would still get 2pts due to NJ's reciprocity rules. Odds are he was doing 15mph+ over to get pulled over. so a reduction would still be a speeding charge with a lower speed. No point in contesting it if he is gonna get the same result in NJ in the end. so the only thing left is to hope for the cop not to show. Otherwise just pay the ticket and avoid the drive back to the court if its a long drive.

I'm going to assume he was doing 11+ mph over the speed limit, otherwise I doubt he would have been pulled over unless he was speeding in a school or construction zone. The difference between a ticket for 11+ as opposed to one for 1-10 is the amount of the fine. If he was doing let's say 70 in a 55, he would probably save $50-$100 by pleading guilty to a 60 in a 55.