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  1. #1
    Join Date
    Feb 2008
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    3

    Default Speeding Ticket In Liberty New York

    My 19 year old daughter was ticketed doing 92 in a 65 on NY-17 in Liberty, NY. This is her first offense. I called a few attorneys and found their fees to be between $350-$750. I am trying to make an informed decision as to hire one or not.
    1. Is she in danger of having her license suspended by the NY DMV? Someone told me that doing 30mph over the limit or over 90 mph, the NY DMV can do this.
    2. She pleaded not guilty. Should she go to court herself? She will have taken a defensive driving class to show them. I was told that usually by just showing up and being reasonable, the court will lower the speed by 15 mph.
    3. My daughter was given a supporting depositon with her ticket, but the ticket had a box to check for "supporting deposition". I'm not sure if this would be something in addition to what she was given, but she did not receive anything with her notification of her court date. Should she expect something else, and if it's not received, would that be grounds to dismiss the ticket?
    Thanks for your help!

  2. #2

    Default Re: Speeding Ticket In Liberty New York

    Hire the attorney. You will save it in auto insurance and surcharges.

  3. #3
    Join Date
    Feb 2008
    Location
    New York
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    10

    Default Re: Speeding Ticket In Liberty New York

    1. 26 mph over you are not in danger of loosing your license, I believe that is an 8 point ticket.
    2. There is no guarantee the ticket will be lowered by the court.
    3. You have already received a supporting deposition why would you require another one. No it isn't going to be any different.
    4. If the ticket was issued by a Trooper you have to go to Trial. Make a pre-trial motion (verbally) to a guilty plea to an 1110a Fail to obey traffic control device. It is a 2 point violation and there will be no suspension/insurance increase.

    5. Don't waste your money on an attorney. He/or she will just make the above motion anyway.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket In Liberty New York

    According to the NY DMV web site (look down a little more than 3/4 of the way -- the white-colored table), 26 over is a 6-point violation. Since 41 or more over is an 11 point violation, you would lose your license upon conviction.

    There is no such thing as a "pre-trial motion ... to a guilty plea to an 1110a ...." I think geo5150 was trying to say that you should try to plea-bargain with the prosecutor. They drop the "speeding" and you plead guilty to "Failure to obey a traffic control device".

    I would listen to Lwpat, however, and hire an attorney. Geo is right that they will probably try for the same plea-bargain. But, an attorney is more likely to be successful than you are. Especially in NY, from my understanding.

    Barry

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

    Default Re: Speeding Ticket In Liberty New York

    To add to the other responses, a 6 point violation in NY will also trigger a DMV "assessment" of $100/year for 3 years. (an additional $25/point per year).

    I agree with most of Geo5150, except that it would be a 6 point violation, and the fact that a NYS Trooper may have written the ticket does not mandate a trial. When I negotiate tickets it is with the town/village prosecutor. There are no "motions" made at that point.

    If you receive an offer to reduce this ticket to a VTL1110(a), accept it.
    An offer like this will depend on many factors, including her past driving record and facts of the case.

    A quote of $750 seems on the high side for this offense.

  6. #6
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Speeding Ticket In Liberty New York

    Thank you all for your advice. My daughter is taking a defensive driving class before her court date and hopefully that will work in her favor. I am still deciding whether or not to hire the attorney. I this point the only advantage seems to be that she doesn't have to drive about 1 hour each way to court and miss a class. (She was driving back to school when she got ticketed.) If she does go to court herself, I think that I will meet her there - about 1 1/2 hours for me. I feel that showing parental involvement may also be helpful to her. I'll let you know how it turns out.

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Speeding Ticket In Liberty New York

    If she does go to court herself, I think that I will meet her there - about 1 1/2 hours for me. I feel that showing parental involvement may also be helpful to her.

    Not really.

    You need to hire a lawyer.

  8. #8
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Speeding Ticket In Liberty New York

    And your little girl needs to pay all her expenses for this little episode.

    She's a danger to herself and others.

  9. #9
    Join Date
    Feb 2008
    Location
    New York
    Posts
    10

    Default Re: Speeding Ticket In Liberty New York

    Quote Quoting WJSESQ
    View Post
    To add to the other responses, a 6 point violation in NY will also trigger a DMV "assessment" of $100/year for 3 years. (an additional $25/point per year).

    I agree with most of Geo5150, except that it would be a 6 point violation, and the fact that a NYS Trooper may have written the ticket does not mandate a trial. When I negotiate tickets it is with the town/village prosecutor. There are no "motions" made at that point.

    If you receive an offer to reduce this ticket to a VTL1110(a), accept it.
    An offer like this will depend on many factors, including her past driving record and facts of the case.

    A quote of $750 seems on the high side for this offense.
    well since i routinely observe pre-trial verbal motions made i guess you might be incorrect on that observation there WJSESQ but you are the attorney here.

  10. #10
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Speeding Ticket In Liberty New York

    UPDATE
    I hired a lawyer to represent my daughter. He said that he couldn't do more for her than she could do for herself but I wanted to avoid having her drive to Liberty and back. The ticket was reduced to 80mph and from 6 to 4 points, with a fine of $205 (which includes a $50 NYS surcharge).

    SENIORJUDGE -parenting tips too! - you know what they say about a "jack of all trades....."

    Thanks to all for you input!!

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