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72 in a 35
My question involves a speeding ticket from the State of: New York.
I was stopped and ticketed the other night for driving 72 in a 35. It was just before Midnight on an unlit road in Suffolk County, Long Island. As I came around a corner, I was just minding my own business and paying attention to the road ahead when I saw a set of headlights in the rearview mirror. Once I saw the headlights, the officer had initiated the stop. I quickly pulled over, shut the engine off, and turned on the interior lights. When the officer approached, he asked me if I knew why I was being stopped. I said I did not know. He then proceeded to ask if I knew the speed limit of the road. I said I thought it was a 35mph zone. He finally asked if I knew how fast I was going. I said I honestly did not know.
The officer then explained to me that he had paced me for approximately 1/8 of a mile driving at 72mph. He asked if my speedometer was working properly, if I had changed tire or rim size, and if my transmission was working properly. I said that as far as I knew it was. He then returned to his car.
20 minutes later the officer returned with a ticket and explained that 1) Had I known a cop was behind me and I had slowed down, he would not have pulled me over and 2) that I would not have been pulled over if I had been driving under 60. I was very polite to the officer and calmly refuted that I had been driving 72mph. (Frankly, it is almost impossible to drive over 60mph on this road without knowing for certain you were doing it.) I respectfully disagreed with the officer and told him to have a good night.
The local code is 09.1315792.
As far as I can tell, if I plead guilty I have to pay $275 in fines, fees, and surcharges and will have 8 points placed on my record.
I want to plead Not Guilty, but I am afraid the judge will revoke my license or I will not get an opportunity to speak to a prosecutor. I have some lawyer friends and even a friend who works as an ADA in the county.
Any and all help/advice is welcomed. Sorry for the long post.
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Re: 72 in a 35
Have one of your lawyer friends talk to the prosecutor for you, to see what (if anything) he can work out.
Is your best defense to the charge that, even though you don't know how fast you were going, you don't think it was more than 60 because, in your experience, it's too hard to drive that 35MPH stretch of road if you're going more than 60?
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Re: 72 in a 35
Unfortunately, there are no plea bargins at the Suffolk County Traffic and Violations Bureau. Apparently, I also do not have the ability to request Supporting Depositions or Discovery.
As for my defense, I am going to try and figure out (mathematically) that it is almost impossible for me to be driving that fast in such a short stretch of road that I had already covered before I was stopped.
From what I have been reading online, the TVB is no joke. I have also found out that I face possible suspension, even though I have a spotless record.
Oh, and I had the local code wrong. It is VTL 1180D.
Any more help is appreciaed!!
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Re: 72 in a 35
Unfortunately, there are no plea bargains at the Suffolk County Traffic and Violations Bureau. Apparently, I also do not have the ability to request Supporting Depositions or Discovery.
As for my defense, I am going to try and figure out (mathematically) that it is almost impossible for me to be driving that fast in such a short stretch of road that I had already covered before I was stopped.
From what I have been reading on line, the TVB is no joke. I have also found out that I face possible suspension, even though I have a spotless record.
Oh, and I had the local code wrong. It is VTL 1180D.
Any more help is appreciated!!