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Old 04-27-2019, 11:07 AM
NY Yankee NY Yankee is offline
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I was railroaded by New York State Troopers claiming 73 in a 55 when this was not possible at best and highly unlikely at least. Not trying to get out of my responsibilities, I'm saying it was completely wrong. I need to fight this but have no clue where to start. I was cooperative with the Trooper and he just gave me a ticket and left. Need your suggestions on this!
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Old 04-27-2019, 11:13 AM
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Hire a traffic ticket atty. I did last year and it was well worth it.
If you wait a week, you will likely get mailers from them.

They watch the tickets that are issued somehow.
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Old 04-27-2019, 11:15 AM
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If you have a clean driving record have the DMV print it up and present it at the hearing. Be remorseful. They will usually let you off on a first offence.

It worked for me....and my daughter....and my wife.
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Old 04-27-2019, 11:19 AM
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reasonable doubt is your friend.
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Old 04-27-2019, 11:27 AM
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I was railroaded by New York State Troopers claiming 73 in a 55 when this was not possible at best and highly unlikely at least.
I hope you can present a better defense in court. If not, just pay the ticket an move on.
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Old 04-27-2019, 11:35 AM
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Consider the cost of a lawyer and loss of income while in court. Even if you win the court case, you’ve lost money. I think it’s more cost effective to pay the fine and cut your losses.
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Old 04-27-2019, 11:49 AM
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Originally Posted by PaulKersey View Post
Consider the cost of a lawyer and loss of income while in court. Even if you win the court case, you’ve lost money. I think it’s more cost effective to pay the fine and cut your losses.
That may not be true in states like Arizona where the insurance industry is not regulated. A single ticket can get you thrown into a high-risk pool, where your rates may triple for three years. Auto insurance costs in Arizona are already twice as high as many other states. All the insurance companies here share a database called CLUE, so it's not an option to switch insurance companies once your insurance company reports a ticket or an accident to CLUE.

I like everything about Arizona except the insurance industry and the illegals. I prefer living with scorpions, rattlesnakes, and black widow spiders to both.

What we do have to circumvent the insurance company robbers is traffic school. If you attend a one-day class, the insurance companies will never hear about your ticket. However, traffic school can cost a couple of hundred bucks. You are basically pleading guilty, but the offense is kept private. You might want to check to see if your state has a traffic school option.
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Old 04-27-2019, 11:55 AM
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Some states require the ticketing officer to be present for the court case. They are usually scheduled for their day off so they can do multiple hearings if they no show the case can be dropped. The reason so many courts push to pay online with a discount
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Old 04-27-2019, 11:59 AM
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This may or may not be applicable (since i'm from a completely different country), but speeding camera's here need to be calibrated regularly. Any fine by one which doesn't have the calibration paperwork (of which there were quite a lot here, but they're updating their equipment in the last few years), isn't likely to be paid if you can bring that up. I'd assume that this works in the states too. However if this isn't applicable: have your day in court if you have to appear, and as ametrine says: show remorse, because it's your word against law enforcement's word, and their word will count for more in cases like these.
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Old 04-27-2019, 12:10 PM
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Originally Posted by ImStillHere View Post
Some states require the ticketing officer to be present for the court case. They are usually scheduled for their day off so they can do multiple hearings if they no show the case can be dropped. The reason so many courts push to pay online with a discount
I used to get a lot of tickets when I was a young punk growing up in Chicago. I always went to court. About 90% of the time the case was dismissed because the officer didn't show up. One time all the cases were dismissed because the judge didn't show up.

When I moved to Minnesota and got my first ticket, I went to court. The Minnesota court was a kangaroo court. I sat through an entire day of cases where the judge found every person guilty. No one was given the benefit of the doubt.
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Old 04-27-2019, 12:18 PM
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Quote:
Originally Posted by NY Yankee View Post
I was railroaded by New York State Troopers claiming 73 in a 55 when this was not possible at best and highly unlikely at least. Not trying to get out of my responsibilities, I'm saying it was completely wrong. I need to fight this but have no clue where to start. I was cooperative with the Trooper and he just gave me a ticket and left. Need your suggestions on this!
In no particular order:

1) Get a dash cam. It can help immensely in such a case.

2) The above advice on traffic school is a good one. Make sure you get no points if you complete the school. Sometimes there are online courses that qualify.

3) Despite the fact that cops can legally lie to you, and therefore are completely untrustworthy, they are considered "trustworthy" in court, anything you say will be ignored. If you have "proof" that's another story, and proof must be specific, meeting certain guidelines.

4) Since a speeding ticket carries at least three points, a second conviction for speeding also likely means paying a Driver Responsibility Assessment (DRA). A DRA is a fine that drivers must pay every year for three years after receiving six or more points on their license. The fine costs $100 plus an additional $25 for each point over six. This is addition to the mandatory $88 to $93 surcharge that is added to every ticket issued in NY.

5) Court can withhold adjudication, if you present a valid oral case. That means you pay, but your record is clean, and insurance companies cannot raise your rates. Nor will you have to pay the NY state DRA if you get another ticket.
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Old 04-27-2019, 12:22 PM
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fighting a speeding ticket is easy.. as they have no arms, legs or muscles of any kind, they dont put up much of a fight
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Old 04-27-2019, 12:42 PM
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There was an extensive thread on this subject a couple of months ago, try searching for it.
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Old 04-27-2019, 01:11 PM
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First remember that with a traffic ticket you are guilty until proven innocent. That said, yes get an attorney if necessary. Also check with the court. If your state is anything like Texas, you may be able to take a safe drivers course and that will result in the ticket being dismissed, plus it should give you a 15% rate discount in your auto insurance.
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Old 04-27-2019, 01:39 PM
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In NC the best way is to get a speedometer calibration and then ask for improper equipment. Bring a copy of your driving record if its clean.
Second best but can only be played once every 3ish years is called a prayer for judgment (in SC it's called careless driving.) That will keep you safe from the insurance company but another ticket in 3 years both are reported. Bring your driving record for this too shouldn't mattress if there are violations.

Best bet is get a lawyer. They will plead it down to the NY equivalent of the above most likely. The few hundred $ paid to the lawyer is less than the lost day of work and higher insurance premiums.

Was the ticket in the city?

Get a lawyer this ticket could cost you a wad.
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Old 04-27-2019, 02:17 PM
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Quote:
Originally Posted by NY Yankee View Post
I was railroaded by New York State Troopers claiming 73 in a 55 when this was not possible at best and highly unlikely at least. Not trying to get out of my responsibilities, I'm saying it was completely wrong. I need to fight this but have no clue where to start. I was cooperative with the Trooper and he just gave me a ticket and left. Need your suggestions on this!
There are two basic paths to fight it: on standing and on merit. If you don't already have a good handle on those concepts, hire an attorney.
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Old 04-27-2019, 02:48 PM
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Here is basically what you have to do plus you need to mail in paperwork saying that you want plead not guilty and that you want to be on the law side of the court and not the corporate side. The paperwork will also include the name of the Judge and the state cop and so this is just a basic explanation and you would have to see a copy of the paperwork so you would know how to fill it out.

1 - They will pull you into a criminal court, for them to have you in that court there has to be a damaged or injured party and so there is none.
Then it has to be a civil court case and the Constitution says the fine shall not be more than 20 dollars in gold or silver.

2 - The city listed on ticket has to be incorporated in order for them to have insurance so now you have a State Cop working for a corporation which is illegal.

3 - Before you go to court call up the clerks office and ask for a copy of the Judges oath to the Constitution, they take the oath every three years and it's a matter of public record. They may not give it to you but they will sure tell that judge and it will make him behave.

4 - There is a law on the books from 1934 that is a landmark case that says that since you are a citizen of the Republic that you have a right to the roadways by either automobile or by horse and carriage and that driving is a right and not a privilege.

5 - When you go to court you need a witness with you to take notes and you will also hand them a counter complaint.

Yes, I have already done this and it works all you need it the right paperwork and a mini class on how to do it.
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Old 04-27-2019, 02:57 PM
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Quote:
Originally Posted by kato View Post

1 - They will pull you into a criminal court, for them to have you in that court there has to be a damaged or injured party and so there is none.
Then it has to be a civil court case and the Constitution says the fine shall not be more than 20 dollars in gold or silver.

2 - The city listed on ticket has to be incorporated in order for them to have insurance so now you have a State Cop working for a corporation which is illegal.

3 - Before you go to court call up the clerks office and ask for a copy of the Judges oath to the Constitution, they take the oath every three years and it's a matter of public record. They may not give it to you but they will sure tell that judge and it will make him behave.

4 - There is a law on the books from 1934 that is a landmark case that says that since you are a citizen of the Republic that you have a right to the roadways by either automobile or by horse and carriage and that driving is a right and not a privilege.

5 - When you go to court you need a witness with you to take notes and you will also hand them a counter complaint.

Yes, I have already done this and it works all you need it the right paperwork and a mini class on how to do it.
You forgot the gold fringe on the flag = Maritime court, and the Sovereign Citizen angle.
Basically, they don't have authority over you.
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Old 04-27-2019, 03:05 PM
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You forgot the gold fringe on the flag = Maritime court, and the Sovereign Citizen angle.
Basically, they don't have authority over you.

What your looking to prove is that they are doing something wrong and so they will dismiss the case because their paperwork is incorrect or they will give you 20 days to take it to a higher court.
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Old 04-27-2019, 07:36 PM
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You need to post bail, plead not guilty and get a court date. Chances are 50/50 the Officer could be busy and not show up. In that case you move for a dismissal. Check his training in speeding tickets and verify the calibration dated on whatever method he used to determine your speed. Ask him about the other traffic present and how fast they were moving. Chances are they will make a deal with you to either attend traffic school or go for a period without a ticket and they will dismiss this ticket.
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