Imprudent Speeding?
02-21-2009, 11:55 AM
#1
Imprudent Speeding?
Okay so I got a speeding ticket last night... And I'm a little confused to be honest. The Officer said I was going 55 in a 40 mph speed zone. Was I? Probably, especially since I wasn't really paying attention to my speed at the time. I knew I wasn't whizzing past cars so I wasn't booking it... but that's besides the point.
So I got the ticket and I'm looking at it to see what he wrote my speed at and low and behold the little box where the drivers speed and the speed limit are supposed to be written there's nothing
. Then I look at the the violation... "Imprudent Speed" violation code 1180 OA. Everything I look up for 1180 OA are for speeding... but I don't understand how there is no indication of how fast I was going on the ticket and how exactly I'm going to get fined for it.
I wasn't going to fight the ticket because I know I wasn't going the speed limit but now I'm really confused. If there's no written indication of how fast I was going how is this a legitimate speeding ticket? And if it is legitimate how exactly are they going to come to a decision of what my fine is? By taking a guess of how fast I was going? Should I go to court for it?
Any help would be appreciated I'm sooo confused right now...
So I got the ticket and I'm looking at it to see what he wrote my speed at and low and behold the little box where the drivers speed and the speed limit are supposed to be written there's nothing
. Then I look at the the violation... "Imprudent Speed" violation code 1180 OA. Everything I look up for 1180 OA are for speeding... but I don't understand how there is no indication of how fast I was going on the ticket and how exactly I'm going to get fined for it.I wasn't going to fight the ticket because I know I wasn't going the speed limit but now I'm really confused. If there's no written indication of how fast I was going how is this a legitimate speeding ticket? And if it is legitimate how exactly are they going to come to a decision of what my fine is? By taking a guess of how fast I was going? Should I go to court for it?
Any help would be appreciated I'm sooo confused right now...
02-21-2009, 04:35 PM
#6
Safety Car
Laws differ in every jurisdiction. Here in Texas, the ticket serves as the charging instrument for a Class C misdemeanor.
If the charging instrument is defective, the case has to be dismissed.
If you don't mind, post up the text of 1180 OA.
If the charging instrument is defective, the case has to be dismissed.
If you don't mind, post up the text of 1180 OA.
02-21-2009, 04:43 PM
#7
I dont have a scanner maybe Ill just take a picture of it... the officer obviously didnt push hard on the carbon copy so its kind of hard to see which makes it even more confusing lol Ill try to post a pic up a little later....
heres what the state dmv website says
which is different for speeding which is listed here...
source: http://www.nytrafficticket.com/dmv/
So maybe the cop gave me a break by not giving me a ticket for speeding... but I would still think that the speed would have to be listed....
heres what the state dmv website says
1180 (a) Unreasonable/Imprudent Speed 3 points
1180 (b) Speeding
1 - 10 mph over speed limit
3 points
11 - 20 mph over speed limit
4 points
21 - 30 mph over speed limit
6 points
31 - 40 mph over speed limit (possible suspension)
8 points
More than 40 mph over speed limit (possible suspension)
11 points
1 - 10 mph over speed limit
3 points
11 - 20 mph over speed limit
4 points
21 - 30 mph over speed limit
6 points
31 - 40 mph over speed limit (possible suspension)
8 points
More than 40 mph over speed limit (possible suspension)
11 points
So maybe the cop gave me a break by not giving me a ticket for speeding... but I would still think that the speed would have to be listed....
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02-21-2009, 04:48 PM
#8
Safety Car
Yeah unfortunately, what you posted up is just the points listing for each offense.
I was hoping to get the transportation code that lists the elements of the offense.
If you find it, post it up and I will take a look.
I was hoping to get the transportation code that lists the elements of the offense.
If you find it, post it up and I will take a look.
02-21-2009, 05:00 PM
#9
found this which is basically an outline of the law...
http://law.onecle.com/new-york/vehic...1180_1180.html
Ill bold the part that worries me...
Maybe you can make more sense of that chunk of text then I can... from what Im understanding the fine and penalty goes accordingly with how fast you were going. Which in my case there is nothing to say how fast I was going...
http://law.onecle.com/new-york/vehic...1180_1180.html
Ill bold the part that worries me...
§ 1180. Basic rule and maximum limits.
(a) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.
(c) Except as provided in subdivision (g) of this section, whenever
maximum school speed limits have been established on a highway adjacent
to a school as authorized in section sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three
or sixteen hundred sixty-two-a, no person shall drive in excess of such
maximum school speed limits during:
(1) school days at times indicated on the school zone speed limit
sign, provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours; or
(2) a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that indicates
that the school zone speed limit is in effect when such beacons are
flashing, provided, however, that such beacons shall only flash during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities.
(d) 1. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established as authorized in sections sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred twenty-three, sixteen hundred
twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,
sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred
sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,
no person shall drive in excess of such maximum speed limits at any
time.
2. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established with respect to any restricted highway as authorized in
section sixteen hundred twenty-five, no person shall drive in excess of
such maximum speed limits at any time.
(e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red and white lights pursuant to the provisions of
paragraph two of subdivision forty-one of section three hundred
seventy-five of this chapter, when traveling upon any narrow or winding
roadway, and when any special hazard exists with respect to pedestrians,
or other traffic by reason of weather or highway conditions, including,
but not limited to a highway construction or maintenance work area.
(f) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) or (e) of this section or when a lower maximum
speed limit has been established, no person shall drive a vehicle
through a highway construction or maintenance work area at a speed in
excess of the posted work area speed limit. The agency having
jurisdiction over the affected street or highway may establish work area
speed limits which are less than the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed the
work area speed limit by no more than twenty miles per hour; and
provided further that no such work area speed limit may be established
at less than twenty-five miles per hour.
(g) (i) No person who uses a radar or laser detector in a vehicle with
a gross vehicle weight rating of more than eighteen thousand pounds, or
a commercial motor vehicle with a gross vehicle weight rating of more
than ten thousand pounds, shall drive at a speed in excess of fifty-five
miles per hour or, if a maximum speed limit other than fifty-five miles
per hour as hereinbefore authorized has been established, at a speed in
excess of such speed limit. The presence in any such vehicle of either:
(1) a radar or laser detector connected to a power source and in an
operable condition; or (2) a concealed radar or laser detector where a
part of such detector is securely affixed to some part of the vehicle
outside of the cab, in a manner which renders the detector not readily
observable, is presumptive evidence of its use by any person operating
such vehicle. Either such presumption shall be rebutted by any credible
and reliable evidence which tends to show that such radar or laser
detector was not in use.
(ii) The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a radar or laser detector,
unless otherwise provided by law.
(h) Upon a conviction for a violation of subdivision (b), (c), (d),
(f) or (g) of this section, the court shall record the speed upon which
the conviction was based on the certificate required to be filed with
the commissioner pursuant to section five hundred fourteen of this
chapter, or if the conviction occurs in an administrative tribunal
established pursuant to article two-A of this chapter, the speed upon
which the conviction was based shall be entered in the department's
records.
1. Every person convicted of a violation of subdivision (b) or
paragraph one of subdivision (d) of this section shall be punished as
follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than forty-five
nor more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than ninety nor more than three hundred dollars or by
imprisonment for not more than fifteen days or by both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than one
hundred eighty nor more than six hundred dollars, or by imprisonment for
not more than thirty days, or by both such fine and imprisonment.
2. Every person convicted of a violation of subdivision (a) or (e) of
this section shall be punished by a fine of not less than forty-five nor
more than one hundred fifty dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment.
3. Every person convicted of a violation of paragraph two of
subdivision (d), subdivision (f) or (g) of this section shall be
punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour, but not more than thirty miles per hour,
by a fine of not less than one hundred eighty nor more than three
hundred dollars or by imprisonment for not more than thirty days, or by
both such fine and imprisonment, provided, however, that where the
vehicle is either (A) in violation of any rules or regulations involving
an out-of-service defect relating to brake systems, steering components
and/or coupling devices, or (B) transporting flammable gas, radioactive
materials or explosives, the fine shall be three hundred dollars or
imprisonment for not more than thirty days, or both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than six hundred dollars or by imprisonment for
not more than thirty days or by both such fine and imprisonment,
provided, however, that where the vehicle is either (A) in violation of
any rules or regulations involving an out-of-service defect relating to
brake systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives, the
fine shall be six hundred dollars or imprisonment for not more than
thirty days, or both such fine and imprisonment.
4. Every person convicted of a violation of subdivision (c) of this
section when such violation occurs in a school speed zone during a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
shall be punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than three hundred dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than one hundred eighty nor more than six hundred
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than one thousand two hundred dollars, or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment.
5. Notwithstanding the foregoing provisions of this subdivision, the
maximum fine provided herein for the violation for which the person is
sentenced may be increased by an additional one hundred fifty dollars if
the conviction is for a second violation of any subdivision of this
section where both violations were committed within an eighteen month
period, and the maximum fine provided herein for the violation for which
the person is sentenced may be increased by an additional three hundred
seventy-five dollars if the conviction is for a third or subsequent
violation of any subdivision of this section where all such violations
were committed within an eighteen month period. Where an additional fine
is provided by this paragraph, a sentence of imprisonment for not more
than thirty days may be imposed in place of or in addition to any fine
imposed.
(a) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.
(c) Except as provided in subdivision (g) of this section, whenever
maximum school speed limits have been established on a highway adjacent
to a school as authorized in section sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three
or sixteen hundred sixty-two-a, no person shall drive in excess of such
maximum school speed limits during:
(1) school days at times indicated on the school zone speed limit
sign, provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours; or
(2) a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that indicates
that the school zone speed limit is in effect when such beacons are
flashing, provided, however, that such beacons shall only flash during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities.
(d) 1. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established as authorized in sections sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred twenty-three, sixteen hundred
twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,
sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred
sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,
no person shall drive in excess of such maximum speed limits at any
time.
2. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established with respect to any restricted highway as authorized in
section sixteen hundred twenty-five, no person shall drive in excess of
such maximum speed limits at any time.
(e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red and white lights pursuant to the provisions of
paragraph two of subdivision forty-one of section three hundred
seventy-five of this chapter, when traveling upon any narrow or winding
roadway, and when any special hazard exists with respect to pedestrians,
or other traffic by reason of weather or highway conditions, including,
but not limited to a highway construction or maintenance work area.
(f) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) or (e) of this section or when a lower maximum
speed limit has been established, no person shall drive a vehicle
through a highway construction or maintenance work area at a speed in
excess of the posted work area speed limit. The agency having
jurisdiction over the affected street or highway may establish work area
speed limits which are less than the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed the
work area speed limit by no more than twenty miles per hour; and
provided further that no such work area speed limit may be established
at less than twenty-five miles per hour.
(g) (i) No person who uses a radar or laser detector in a vehicle with
a gross vehicle weight rating of more than eighteen thousand pounds, or
a commercial motor vehicle with a gross vehicle weight rating of more
than ten thousand pounds, shall drive at a speed in excess of fifty-five
miles per hour or, if a maximum speed limit other than fifty-five miles
per hour as hereinbefore authorized has been established, at a speed in
excess of such speed limit. The presence in any such vehicle of either:
(1) a radar or laser detector connected to a power source and in an
operable condition; or (2) a concealed radar or laser detector where a
part of such detector is securely affixed to some part of the vehicle
outside of the cab, in a manner which renders the detector not readily
observable, is presumptive evidence of its use by any person operating
such vehicle. Either such presumption shall be rebutted by any credible
and reliable evidence which tends to show that such radar or laser
detector was not in use.
(ii) The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a radar or laser detector,
unless otherwise provided by law.
(h) Upon a conviction for a violation of subdivision (b), (c), (d),
(f) or (g) of this section, the court shall record the speed upon which
the conviction was based on the certificate required to be filed with
the commissioner pursuant to section five hundred fourteen of this
chapter, or if the conviction occurs in an administrative tribunal
established pursuant to article two-A of this chapter, the speed upon
which the conviction was based shall be entered in the department's
records.
1. Every person convicted of a violation of subdivision (b) or
paragraph one of subdivision (d) of this section shall be punished as
follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than forty-five
nor more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than ninety nor more than three hundred dollars or by
imprisonment for not more than fifteen days or by both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than one
hundred eighty nor more than six hundred dollars, or by imprisonment for
not more than thirty days, or by both such fine and imprisonment.
2. Every person convicted of a violation of subdivision (a) or (e) of
this section shall be punished by a fine of not less than forty-five nor
more than one hundred fifty dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment.
3. Every person convicted of a violation of paragraph two of
subdivision (d), subdivision (f) or (g) of this section shall be
punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour, but not more than thirty miles per hour,
by a fine of not less than one hundred eighty nor more than three
hundred dollars or by imprisonment for not more than thirty days, or by
both such fine and imprisonment, provided, however, that where the
vehicle is either (A) in violation of any rules or regulations involving
an out-of-service defect relating to brake systems, steering components
and/or coupling devices, or (B) transporting flammable gas, radioactive
materials or explosives, the fine shall be three hundred dollars or
imprisonment for not more than thirty days, or both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than six hundred dollars or by imprisonment for
not more than thirty days or by both such fine and imprisonment,
provided, however, that where the vehicle is either (A) in violation of
any rules or regulations involving an out-of-service defect relating to
brake systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives, the
fine shall be six hundred dollars or imprisonment for not more than
thirty days, or both such fine and imprisonment.
4. Every person convicted of a violation of subdivision (c) of this
section when such violation occurs in a school speed zone during a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
shall be punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than three hundred dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than one hundred eighty nor more than six hundred
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than one thousand two hundred dollars, or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment.
5. Notwithstanding the foregoing provisions of this subdivision, the
maximum fine provided herein for the violation for which the person is
sentenced may be increased by an additional one hundred fifty dollars if
the conviction is for a second violation of any subdivision of this
section where both violations were committed within an eighteen month
period, and the maximum fine provided herein for the violation for which
the person is sentenced may be increased by an additional three hundred
seventy-five dollars if the conviction is for a third or subsequent
violation of any subdivision of this section where all such violations
were committed within an eighteen month period. Where an additional fine
is provided by this paragraph, a sentence of imprisonment for not more
than thirty days may be imposed in place of or in addition to any fine
imposed.
02-21-2009, 05:25 PM
#10
Safety Car
None of this may apply because it is Texas law, so you might want to do your own research.
As I said, in Texas, the ticket is the charging instrument.
The charging instrument establishes the elements of the case the state must prove beyond a reasonable doubt in order to find you guilty.
If your ticket does not have your speed or the road's speed written on it, it MAY be defective because it does not give you adequate notice of the elements the state has to prove.
The only way I can see them getting around not having to prove the road's speed limit is if there was special conditions going on.
In 1180(a), it says: "reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing"
Which means that the cop will testify that you were moving at some speed that was too fast for the conditions. Notice he doesn't have to prove the road's speed limit or even your speed. He will just say it looked like you were going too fast for conditions (say 60 mph in a snow storm). That's my guess.
Have you also considered that maybe he was just writing so lightly that it didn't show up on your copy?
As I said, in Texas, the ticket is the charging instrument.
The charging instrument establishes the elements of the case the state must prove beyond a reasonable doubt in order to find you guilty.
If your ticket does not have your speed or the road's speed written on it, it MAY be defective because it does not give you adequate notice of the elements the state has to prove.
The only way I can see them getting around not having to prove the road's speed limit is if there was special conditions going on.
In 1180(a), it says: "reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing"
Which means that the cop will testify that you were moving at some speed that was too fast for the conditions. Notice he doesn't have to prove the road's speed limit or even your speed. He will just say it looked like you were going too fast for conditions (say 60 mph in a snow storm). That's my guess.
Have you also considered that maybe he was just writing so lightly that it didn't show up on your copy?
02-21-2009, 05:35 PM
#11
If your ticket does not have your speed or the road's speed written on it, it MAY be defective because it does not give you adequate notice of the elements the state has to prove.
The only way I can see them getting around not having to prove the road's speed limit is if there was special conditions going on.
In 1180(a), it says: "reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing"
Which means that the cop will testify that you were moving at some speed that was too fast for the conditions. Notice he doesn't have to prove the road's speed limit or even your speed. He will just say it looked like you were going too fast for conditions (say 60 mph in a snow storm). That's my guess.
The only way I can see them getting around not having to prove the road's speed limit is if there was special conditions going on.
In 1180(a), it says: "reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing"
Which means that the cop will testify that you were moving at some speed that was too fast for the conditions. Notice he doesn't have to prove the road's speed limit or even your speed. He will just say it looked like you were going too fast for conditions (say 60 mph in a snow storm). That's my guess.
. Should I go to the court and speak with the DA? Thanks for all your help, btw.
02-21-2009, 05:37 PM
#12
its pretty much the same thing as speeding above posted limit. he paced your car exceeding the speed limit in a unsafe manner. which is a step below wreckless driving because you weren't swerving in and out of lanes. any moving violation is considered unsafe
where'd it happen? i have a crazy good lawyer that got me out of every nassau ticket...suffolk is a different story, i got fcked so many times in suffolk...
where'd it happen? i have a crazy good lawyer that got me out of every nassau ticket...suffolk is a different story, i got fcked so many times in suffolk...
02-21-2009, 05:48 PM
#13
happened up by tri county on hempstead trnpk. . Maybe you could give me his number and maybe he could answer some of my questions... lol Id rather not pay for a lawyer but I'm a little nervous about just simply pleading guilty for something when I'm not totally understanding what I'm pleading guilty too lol.
. Maybe you could give me his number and maybe he could answer some of my questions... lol Id rather not pay for a lawyer but I'm a little nervous about just simply pleading guilty for something when I'm not totally understanding what I'm pleading guilty too lol.
02-21-2009, 05:51 PM
#14
Safety Car
It was clear skies and no sign of snow or rain nothing nice dry road. No traffic.
I have considered that but then again I dont want to plead guilty and send the ticket in without knowing what exactly Im being charged with... he may have wrote I was going 70 and I would have no way of knowing that. From what I can tell there was never anything written there. Should I go to the court and speak with the DA?
Thanks for all your help, btw.
I have considered that but then again I dont want to plead guilty and send the ticket in without knowing what exactly Im being charged with... he may have wrote I was going 70 and I would have no way of knowing that. From what I can tell there was never anything written there
. Should I go to the court and speak with the DA? Thanks for all your help, btw.
Would an ADA take the time to amend a defective speeding ticket? I dunno... Some might.
If you do decide to go speak with the ADA, more then likely it will be during your arraignment hearing. If you are going to court, dress professionally and show respect to all parties. Don't try to be technical. Just be forthcoming and also mildly clueless (don't act like a know it all).
The average misdemeanor ADA puts up with a lot of crap so if you avoid being either the arrogant person, the person who has "seen this a hundred times," or the completely stoned/clueless person, they will appreciate that.
02-21-2009, 06:43 PM
#15
Okay so I just got off the phone with one of the officers over at the 8th precinct which is where this incident occurred and they tell me that if there is no indication of speed on the ticket then the ticket is void and I should appear in court with the ticket and it will most likely be thrown out or dropped to a lesser violation. The officer didnt ask for any of my information or anything Ill give greco's lawyer a call on monday just to get some confirmation of what the officer said and wait it out until my due/court date. Thank you guys for the help! Wish me luck 
02-21-2009, 08:25 PM
#16
.... .... .... ... ....
its pretty much the same thing as speeding above posted limit. He paced your car exceeding the speed limit in a unsafe manner. Which is a step below wreckless driving because you weren't swerving in and out of lanes. Any moving violation is considered unsafe
where'd it happen? I have a crazy good lawyer that got me out of every nassau ticket...suffolk is a different story, i got fcked so many times in suffolk...
where'd it happen? I have a crazy good lawyer that got me out of every nassau ticket...suffolk is a different story, i got fcked so many times in suffolk...
02-21-2009, 08:26 PM
#17
.... .... .... ... ....
Okay so I just got off the phone with one of the officers over at the 8th precinct which is where this incident occurred and they tell me that if there is no indication of speed on the ticket then the ticket is void and I should appear in court with the ticket and it will most likely be thrown out or dropped to a lesser violation. The officer didnt ask for any of my information or anything Ill give greco's lawyer a call on monday just to get some confirmation of what the officer said and wait it out until my due/court date. Thank you guys for the help! Wish me luck
i don't want you coming to the meet on your feet
02-21-2009, 09:02 PM
#18
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Dude, I think you're off the hook. Seriously.
Just a reasonable guess on my part.
Good luck and slow down a bit (just a little).
Just a reasonable guess on my part.
Good luck and slow down a bit (just a little).
02-22-2009, 03:56 AM
#19
^^ Probably, cops go so easy on girls, and he gave you a BS ticket. but court on the otherhand, they dont care lol
my girl was pulled over driving her dads car with no insurance(hes an idiot) and the cop gave her a ticket, and her friend that was driving didnt have a license, she didnt get anything, and the car didnt even get towed. the cop actually said, "you know what im gunna do? im gunna take you home and ask your dad if i can take you on a date" LOL
my girl was pulled over driving her dads car with no insurance(hes an idiot) and the cop gave her a ticket, and her friend that was driving didnt have a license, she didnt get anything, and the car didnt even get towed. the cop actually said, "you know what im gunna do? im gunna take you home and ask your dad if i can take you on a date" LOL
02-22-2009, 10:48 AM
#21
I thought NY doesn't have points? 
02-22-2009, 01:03 PM
#25
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I got one of these on my motorcycle last summer, mine was actually 'unreasonalbe/inprudent speed'. I called a lawyer and told him about the ticket and he said is that it is basically a way for a cop to write you a ticket for speeding when he/she didn't get you on radar. Either he didn't have has radar or he couldn't get you; the lawyer told me the cops need to reflect the radar off of the chrome in your headlight housing to get an accurate reading and since my motorcycle has small lights it's hard to do so he wrote it for unreasonable/imprudent speed!
Then when you go to court it comes down to your word against his; and who are they going to believe... I was able to get the ticket reduced to speeding 1-10mph over which is 2 points iirc and a small fine
Then when you go to court it comes down to your word against his; and who are they going to believe... I was able to get the ticket reduced to speeding 1-10mph over which is 2 points iirc and a small fine
02-22-2009, 01:17 PM
#26
I got one of these on my motorcycle last summer, mine was actually 'unreasonalbe/inprudent speed'. I called a lawyer and told him about the ticket and he said is that it is basically a way for a cop to write you a ticket for speeding when he/she didn't get you on radar. Either he didn't have has radar or he couldn't get you; the lawyer told me the cops need to reflect the radar off of the chrome in your headlight housing to get an accurate reading and since my motorcycle has small lights it's hard to do so he wrote it for unreasonable/imprudent speed!
Then when you go to court it comes down to your word against his; and who are they going to believe... I was able to get the ticket reduced to speeding 1-10mph over which is 2 points iirc and a small fine
Then when you go to court it comes down to your word against his; and who are they going to believe... I was able to get the ticket reduced to speeding 1-10mph over which is 2 points iirc and a small fine
2. going from speeding above posted limit, to speeding 1-10 over is NOT a reduction.
most of my speeding tickets were reduced to an "open door violation" LOL, no idea what that means
02-22-2009, 01:23 PM
#27
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2. I don't know what you consider a reduction, but if the fine and points were both reduced, I would consider that a reduction...
02-23-2009, 12:31 AM
#28
^ actually in new york its not a reduction at all... same points and most likely the same fine... source: http://www.nytrafficticket.com/dmv/
Wisconsin is probably different though
Thanks for helping clarify why I would have gotten this kind of ticket instead of a regular speeding ticket. So basically the cop didnt get me on radar.
My boyfriends sister is a court officer, she also backed up what the 8th precinct officer told me so hopefully it will be dropped down or maybe even thrown out... now i just have to wait to see lol
Wisconsin is probably different though
Thanks for helping clarify why I would have gotten this kind of ticket instead of a regular speeding ticket. So basically the cop didnt get me on radar.
My boyfriends sister is a court officer, she also backed up what the 8th precinct officer told me so hopefully it will be dropped down or maybe even thrown out... now i just have to wait to see lol
02-23-2009, 01:51 AM
#29
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That's amazing. Are you sure it was a real cop? Did he say "license, registration and proof of insurance"?
Maybe he's just extremely lazy and didn't even know what the actual speed limit was so he used a catch-all answer to save himself the trouble.
Since you feel that you were driving with the flow of traffic I think you should take it court on principle and maybe even send some emails to the proper authorities of that jurisdiction describing what a poor job that cop did. Procedure is important.
There are some semi-freeways around here where the posted limit is 45 but there are three or four lanes, no turnouts and it even has on and off ramps. Everyone drives 60-65 past the 45mph sign, even cops. I wouldn't stand for receiving a ticket where some excess speed is the norm.
Maybe he's just extremely lazy and didn't even know what the actual speed limit was so he used a catch-all answer to save himself the trouble.
Since you feel that you were driving with the flow of traffic I think you should take it court on principle and maybe even send some emails to the proper authorities of that jurisdiction describing what a poor job that cop did. Procedure is important.
There are some semi-freeways around here where the posted limit is 45 but there are three or four lanes, no turnouts and it even has on and off ramps. Everyone drives 60-65 past the 45mph sign, even cops. I wouldn't stand for receiving a ticket where some excess speed is the norm.
02-23-2009, 03:26 AM
#30
Same thing happened to me this friday. Officer wrote unsafe speed. Said i was doing 55 in a 40 said he paced me. I find it hard to believe cause by the time he got close enough to me there was traffic in front of me so i could not have been going that fast. But don't know if I Efed up by having him write what i was doing 55 in a 40, He had left that blank.when i see unsafe speed it could be 100, 75, or what ever. so fine could of possibly be higher if there is no indication of what the unsafe speed was. Whta you guys think. Either way going to try and fight it i just dont se how he paced me at 55 by the time he got close enough i was doing the speed limit.
02-23-2009, 07:48 AM
#31
That's amazing. Are you sure it was a real cop? Did he say "license, registration and proof of insurance"?
Maybe he's just extremely lazy and didn't even know what the actual speed limit was so he used a catch-all answer to save himself the trouble.
Since you feel that you were driving with the flow of traffic I think you should take it court on principle and maybe even send some emails to the proper authorities of that jurisdiction describing what a poor job that cop did. Procedure is important.
There are some semi-freeways around here where the posted limit is 45 but there are three or four lanes, no turnouts and it even has on and off ramps. Everyone drives 60-65 past the 45mph sign, even cops. I wouldn't stand for receiving a ticket where some excess speed is the norm.
Maybe he's just extremely lazy and didn't even know what the actual speed limit was so he used a catch-all answer to save himself the trouble.
Since you feel that you were driving with the flow of traffic I think you should take it court on principle and maybe even send some emails to the proper authorities of that jurisdiction describing what a poor job that cop did. Procedure is important.
There are some semi-freeways around here where the posted limit is 45 but there are three or four lanes, no turnouts and it even has on and off ramps. Everyone drives 60-65 past the 45mph sign, even cops. I wouldn't stand for receiving a ticket where some excess speed is the norm.
02-23-2009, 02:41 PM
#33
Same thing happened to me about three weeks ago..
Cop was waiting to pull out of a parking lot, I passed by where he was turning out from, and i was going like 40 in a 25...i slowed down when i saw him and he pulled out like 2 sec after i passed..
anyways...I noticed him pull out so i go down and take the next left which happened to put me uphill on a road...he was still on the previous road when i see him also signal to take the left...
Lets just assume, I had something in the car, which made me want to stay away from this guy, so yes, I did panic, I went up the hill kinda fast to get over it, and take the first turn to lose this guy, my speed prolly hit maybe 45-50 in a 30... I made it over, turned left, and the cop came zooming down the street i just turned down with his lights on to pull me over.
He asked me if i knew the speed limit on that road, and i said "35?" and he said "no. 30" and asked for my paperwork, he gave me "too fast for conditions" and when i asked him if he would explain exactly what that was he said "I dont have time for that, you can go look it up" so...yea. no speed is written on the ticket, under "conditions" he wrote "clear" so...i dont know what conditions i was driving too fast for? the road has two lanes going both ways....
everyone tells me to fight it, date is on march 24th..we'll see
Cop was waiting to pull out of a parking lot, I passed by where he was turning out from, and i was going like 40 in a 25...i slowed down when i saw him and he pulled out like 2 sec after i passed..
anyways...I noticed him pull out so i go down and take the next left which happened to put me uphill on a road...he was still on the previous road when i see him also signal to take the left...
Lets just assume, I had something in the car, which made me want to stay away from this guy, so yes, I did panic, I went up the hill kinda fast to get over it, and take the first turn to lose this guy, my speed prolly hit maybe 45-50 in a 30... I made it over, turned left, and the cop came zooming down the street i just turned down with his lights on to pull me over.
He asked me if i knew the speed limit on that road, and i said "35?" and he said "no. 30" and asked for my paperwork, he gave me "too fast for conditions" and when i asked him if he would explain exactly what that was he said "I dont have time for that, you can go look it up" so...yea. no speed is written on the ticket, under "conditions" he wrote "clear" so...i dont know what conditions i was driving too fast for? the road has two lanes going both ways....
everyone tells me to fight it, date is on march 24th..we'll see
02-23-2009, 07:07 PM
#34
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02-24-2009, 07:51 AM
#39
it is basically a way for a cop to write you a ticket for speeding when he/she didn't get you on radar
That's all that means. They could not give a speed indication but the cop says you were speeding in his eyes. In court this will be a set fine range & a set point charge based on speed of less then 10 over the limit, & your driving record.
I would fight it.