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  1. #1
    Join Date
    Dec 2007
    Location
    Ontario, Canada
    Posts
    5

    Default Inaccurate Information From Officer, in Upstate New York

    I'm a Canadian resident recently pulled over in New York. I was clocked while overtaking cars in a passing zone. The cars were traveling the speed limit (which I was unaware was 10mph lower than the state speed limit in this stretch of the highway).

    I was given two tickets, one for 32 MPH over the posted limit and the other for improper passing.

    My first concern is getting tickets for a passing speed, which is extremely unreflective of the kind of speed I would ever consider driving in a non-passing situation in this road.

    Secondly, it was a passing zone with a broken line.

    Third, the wording on the deposition is incorrect as to my answers to the two questions:
    "Do you know why I pulled you over?"
    "Do you know how fast you were going?"
    The wording on the deposition is very similar to the answers I gave, but with the word"unsafe" added to my answer to the first question and only part of my answer was recorded for the second.

    Fourth, When the officer presented me with the tickets he told me that if I plead guilty it would just be a fine. I wouldn't have to worry about impact on my provincial driving record, or my insurance going up, and I could just pay it and it shouldn't be too much and won't affect me in my home province.

    It turns out it will affect me in my home province, where the tickets will be assessed as if I had been ticketed in my home province with the usual impact on my record, points and insurance premiums raised.

    I have sent the ticket back with a not-guilty plea.

    Question 1: Does the inaccuracy of the deposition or the poor information provided by the officer while I was pulled over have any bearing on the ticket?

    Question 2: Does the fact that he clocked my passing speed, and not speed in-lane have any bearing on the speeding ticket?

    Question 3: Does passing cars that were doing the speed limit constitute improper passing?

  2. #2

    Default Re: Upstate New York - Inaccurate Information From Officer

    1. No
    2. No
    3. Yes

  3. #3
    Join Date
    Oct 2007
    Location
    Rochester, NY
    Posts
    7

    Default Re: Inaccurate Information From Officer, in Upstate New York

    You're looking at 8 points for the speed and 3 points for the passing violation. The NY DMV will assess a mandatory $300 surcharge for a 6 point violation in addition to the Court fines and surcharge.

    Yes, a conviction will transfer to your Canadian driving record.

    You should discuss your case with a traffic lawyer before your Court date.

    Contact me if you have questions.

  4. #4
    Join Date
    Dec 2007
    Location
    Ontario, Canada
    Posts
    5

    Default Re: Inaccurate Information From Officer, in Upstate New York

    Quote Quoting WJSESQ
    View Post
    You're looking at 8 points for the speed and 3 points for the passing violation. The NY DMV will assess a mandatory $300 surcharge for a 6 point violation in addition to the Court fines and surcharge.
    Right, but NY DMV surcharges and points will not apply to a Canadian drivers license - I'll be stuck with whatever is assessed by our department of transportation.

    My understanding is that those surcharges are a products of points being applied to a NY driver's license and since I do not have a NY driver's license - they would not be assessed. Isn't this true?

  5. #5
    Join Date
    Oct 2007
    Location
    Rochester, NY
    Posts
    7

    Default Re: Inaccurate Information From Officer, in Upstate New York

    The NY DMV assessment will apply to you because the incident took place in NY. See http://www.nysdmv.com/drp.htm#driverec

    The points (11) are used to illustrate the amount of the DMV assessment. Your local DMV will calculate your "demerits" based on the speed you are convicted of. See http://www.mto.gov.on.ca/english/dan...er/demerit.htm

  6. #6
    Join Date
    Dec 2007
    Location
    Ontario, Canada
    Posts
    5

    Default Re: Inaccurate Information From Officer, in Upstate New York

    Thanks for the additional heads up on this.

    I'm certainly glad I sent back the ticket with a not guilty plea and hope there is some chance it may be reduced. I have begun to check a couple of lawyers in the area. I will also contact you.

  7. #7

    Default Re: Inaccurate Information From Officer, in Upstate New York

    NY is assessing the surcharge against out of state drivers. I think this is probably illegal but there is not enough money involved for one person to contest.

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