Fighting a state trooper-issued speeding ticket

[dennis461]

DO NOT CURSE AT THE CLERK OVER THE TELEPHONE WHEN ASKING ABOUT THE COURT DATE.

[ADV NY]

Originally Posted by dennis461

DO NOT CURSE AT THE CLERK OVER THE TELEPHONE WHEN ASKING ABOUT THE COURT DATE.

do tell do tell

NYS officers have a est by eye that has to be made with a tolerance of 5 mph, so if Est at 80mph if it applies to PA you can request an adjustment based on the officers tolerance, bring you down to 75mph

[FIDOLLAZ]

[shrineclown]

Originally Posted by Tammy

And he was on a KLR

That is what I was thinking when I read it, and had to read it again. If I was the cop he would have gotten a gold star and hershey's kiss for hero of the day award.

[antonac]

Originally Posted by sallydog

if you got a ticket for speeding then your beat. you cant get out of a speeding conviction by trying to provide a good reason why you were breaking the law... "i broke the law because im afraid to ride near cars at night so i try to race ahead of them, for safety" your only hope is to plea it down to a lesser penalty

i robbed the bank because i was afraid the bill collector was gonna take my house away

Yeah, it is a pretty shitty argument when put that way. I only pointed this out because in some states the burden of proving imprudence is actually on the state, regardless of the posted limit. In PA from what I gather the interpretation is a binary value, so legally speaking that argument is worthless.

I was very polite to the cop, and I suppose in return he didn't bait me with any of that "do you know why I stopped you?" or "do you know how fast you were going" nonsense.

I'm not prone to histrionics, I just don't want it going on my record because I may one day get a CDL. So with the above suggestions I'll put the $7 down, request discovery, and see if I can get it to non-points.

Traffic court sucks. I've played this game before under different circumstances. While it's a bunch of bullshit, it's highly routine for these guys, and I'm sure it doesn't take much to be likable compared to most of the people they deal with. Besides, how many motorcyclists do you think this guy pulls over when it's 19 degrees out? That's got to be at least a little charming...

[ADV NY]

You can reschedule if something comes up.

[thunderkat59]

Originally Posted by ADV NY

You can reschedule if something comes up.

That and "you get one phone call" are Tv and internet myth in Pa.
While this may happen, it legally does not have to, and to get a reschudule
you better say you are going to be a speaker at the NRA rally or something
likr that. Remember, DJ.s are essentially mall cops. They arre
angry and hate the world. It.s almost impossible to win in a room
with aguy who enjoys watching people suffer.

[jamesf]

Originally Posted by antonac

Hi all,

What I am seeking advice on is the likelihood that in consideration of the fact that I was not actually sustaining this speed, was otherwise riding safely for the conditions, had a pressing need to reach my destination in the face of impending bad weather (which would likely quickly strand me), and have a fairly clean driving record for distance covered, that a traffic court would be willing to alter it to a non-point offense. I've never dealt with a speeding ticket before, nor the state police, so any experience you can share will be appreciated.

As everyone has said, you're likely boned. However: plead not guilty, request the discovery, SHOW UP EARLY (parking will be full before you get there, do a recon trip and have alternate plans) and dress like a lawyer (but not like an arrogant ass) for all your appearances. Know your story and stick to it. Appear and behave like a citizen the state would be proud to have and you will do the best you can. Be respectful and gracious. Appear as a street thug trying to weasel his way out of another citation and they'll be on you like the weakest yak in the herd.

jim

[DockingPilot]

Just tell the court you would like to see the prosecutor before the judge. She will know what you want and put you on that list. Be nice, admit what you did, express your humble side and ask for leniency. You will get it. He wants to get out of the court and go home as much as you do. You'll get the same deal as the guy next to you who hired a lawyer. He'll just go first is all.
Thats my experiences anyway.

[lulo]

i concur, have been in traffic court countless times (couple times here and there for me but mostly assisting friends)
like said before, show up adequatly presented and speak w the prosecutor...if theres a plead down to be made believe me he will offer it right away, hes busy and he wants this over with....dont try to justify what you did cause short of moving out of the way for a runaway semi loaded w dinamite or bleading to death there is no justification for speeding ever, not even ambulances are supossed to speed...go around traffic and blowing thru red lights yes but speeding NO.

worst case scenario w the worst prosecutor in the land he will at least downgrade it to a lesser speed, better to plead guilty to 5 over than 15 over.

as far the insurance, most if not all insurance companys give you a 1 time booboo pass a year, after that you will feel it.

[O.C.F.RIDER]

Originally Posted by FIDOLLAZ

Prolly not the optimum tune to be blastin' on your car stereo when pulled over.

[kenny61]

[RichBeBe]

Nassau County, NY is famous for pleaing everything down. As some said call the clerk and ask if you could plea it down over the phone. Explain that you are not afraid of the revenue but you are afraid of the points. You would also like to save the court, and state fees from your appearance. They may offer you a no points violation. If they do not, no harm, no foul, try it again in person. Also some courts will let you plea before the hearing date. The trick in larger ones (likely not yours) is to try a few times and wait to you get a deal you like.
My all time best story. Got pulled over and cited for an 82 in a 55 on my bike. Guy was an ass, I was guilty, but I also fixed a few of his buddies bikes, and he knew some of the guys I knew and told me that my state trooper PBA card with the officers cell phone on the back might get me out of a jay walking ticket but was useless here.
I go to Hempstead Court and the hey offer me to plea it down to 60 in a 55 and i say "thanks, but no thanks" politely and leave. I went back a few weeks later and was offered "an unsafe door opening" which was zero points and $150. I took it and paid. I then paid the fee and appealed to NY State that I was nervous and didn't know what I was doing when i plead. But since I was on a motorcycle there was no way there was a door. It took a long time, but I had the plea overturned. Funny part is I was guilty and if the cop was not such a prick i would have plead, paid, and be done with it. I know he didn't care, but i did.

[craigman]

You can try and contact the officer and get the charge changed to failure to comply with posted signage. That would be a no point violation. But right now you're only 2 points. Which I think are gone in one year. be glad you didn't get 20 over like I did. But seriously it ain't a bid deal. Just be cool for a year and chalk it up to experience.

[Ryan]

If you were polite to the cop when stopped, there's a fair chance that he would be willing to amend the charge.

Try not to take an adversarial stance with him - admit, off the record, that you were speeding.

A few years ago, in similar case with a Pennsylvania State Trooper, I arrived early, waited and met him outside the courtroom, reintroduced myself and shook his hand, Then, I explained that I really could not afford a moving violation on my driving record, and asked if he would be willing to amend the charge to a non-moving violation.

He said he was surprised that I showed up at all (out-of-state), and agreed to an amended charge, as long as the judge was alright with it. They seemed to appreciate that I was willing to travel (100+ miles each way) and spend the time to take care of the ticket. The judge said, "Look, I'm not going to sit up here and tell you I don't speed, we all do it. But - especially on a motorcycle - be careful out there." The charge was amended to something like failure to obey a traffic control device, and the fine was less than $100.

Be nice to all parties involved, it can help a great deal.

Good luck!