Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Exceeding 55 MPH Yields $565 in Fines

    My question involves a speeding ticket from the State of: New York

    Last winter I ran a stop sign in NYC (2 points)..this fall I exceeded a 55 mph speed limit.
    For the spped violation...the court in a small town upstatate fined me $265 (inlcuidng $85 New York State Surcharge) + (4 points)

    I was going over 55 and I didn't want to take a day off to appeal the ticket...so I plead guilty but claimed I wasn't going 70...as the officer stated. Judge accepted my guilty plea...but not explanation...fined me $265 and put 4 points on my license. Although I thought the $265 fine was excessive...I paid the ticket.

    A week later...the State of New York sent me a letter that I would have to pay an additional $300 for what the NYS DMV calls a "Driver Responsibility Assessment." (for people who have 6 points on their license).

    It seems to me as though such a law punishes people twice for the same offense...which would appear to be unconstiutional. But I have not idea of how I would go about fighting such a thing....

    Exceeding the speed limit is wrong and I admit...but I think a fine amounting to $565 is out of bounds.

    Any thoughts?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,779

    Default Re: Exceeding 55 MPH Yields $565 in Fines

    Lots of states are doing this. Only one that I know of inspired a popular backlash that caused the state to revoke the new fines.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,194

    Default Re: Exceeding 55 MPH Yields $565 in Fines

    Quote Quoting JimsSubaru
    View Post
    Any thoughts?
    Sure...

    Quote Quoting JimsSubaru
    View Post
    It seems to me as though such a law punishes people twice for the same offense...which would appear to be unconstiutional. But I have not idea of how I would go about fighting such a thing....
    OK so lets assume that charging any amount for exceeding a specific number of points on your records is in fact unconstitutional... Does that mean that license suspensions (as a result of too many points) would be unconstitutional as well?

    Suspensions are penalties too...
    I am right 97% of the time... Who cares about the other 4%!

  4. #4
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Exceeding 55 MPH Yields $565 in Fines

    Another intersting wrinkle is that the State of New York will not allow people to take a defensive driving course (to reduce the six points) in lieu of the $300 fine. If they really wanted to imporve driving in public...mandating the defensive driving courses would be a good option to give people. As they won't allow...this is just an excuse to collect more revenue.

    License suspensions are necessary...to protect public...I guess what a higher court would have to do would be to see what the balance is...

    Fines can be excessive... which I believe $565 for these relatively minor transgressions is...

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Exceeding Max 65 MPH Limit Defense
    By grafx in forum Moving Violations and Traffic Tickets
    Replies: 4
    Last Post: 03-17-2010, 01:50 AM
  2. Speeding Tickets: Exceeding 25 Miles on I-5, California
    By Jenn in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 06-02-2009, 09:39 AM
  3. Speeding Tickets: Exceeding the Speed Limit While Passing
    By kist in forum Moving Violations and Traffic Tickets
    Replies: 10
    Last Post: 11-26-2008, 06:06 PM
  4. Probation and Parole: Probation Officer Exceeding Authority
    By OldFox32277 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 07-15-2008, 01:42 PM
  5. Speeding Tickets: Exceeding the speed limit
    By slowbluewagon in forum Moving Violations and Traffic Tickets
    Replies: 5
    Last Post: 01-12-2007, 07:18 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document