![]() |
|
![]() | ||
|
Subject:
New York City Speeding Ticket
Category: Relationships and Society > Law Asked by: dtphonehome-ga List Price: $15.00 |
Posted:
25 Oct 2004 21:30 PDT
Expires: 10 Nov 2004 19:57 PST Question ID: 420140 |
My wife got her second speeding ticket a year ago, 84 in a 50 zone, in Staten Island, NYC. I thought that we would have a chance to plea bargain down the ticket, so she plead not guilty and we went to court. The judge informed her that she would have her license suspended as she already had 3 points on her license, and this would make it 11 total. There was no opportunity to plea (I later found out that NYC does not allow plea bargaining). We decided to keep the plea of not guilty. The officer was not present, and so we were rescheduled for a date in March. I was under the impression that if the officer is not present, the case would be dismissed. Why did they just reschedule her? Are they allowed to do that? How many times can they reschedule her before they dismiss the ticket? If it is a hardship for me to keep the March date, do I have grounds for dismissal, being that I showed once, and the officer didn't? We both missed class for court! Thanks! |
![]() | ||
|
There is no answer at this time. |
![]() | ||
|
Subject:
Re: New York City Speeding Ticket
From: whyisitso-ga on 25 Oct 2004 22:24 PDT |
Did you go before a judge at all? I assume that the prosecution requested the rescheduling? From what I understand, a case won't be automatically dismissed if the officer doesn't show up. The defense (that's your wife, unless you hired a lawyer) needs to make a motion to dismiss due to lack of a prosecution witness. Of course, this does you no good after the fact, but it may help if the officer doesn't show up again in March. |
Subject:
Re: New York City Speeding Ticket
From: whyisitso-ga on 26 Oct 2004 17:07 PDT |
Here is a decent website with info on fighting a speeding ticket. It has far more information than I could ever hope to explain. Unfortunately, they say that if you get a speeding ticket in NYC, you are basically screwed because of the way the system is run there. http://www.worldlawdirect.com/article/903/Fighting_a_speeding_ticket.html Anyway, hopefully some of the information will help. It sounds like you may want to hire a lawyer who specializes in fighting speeding tickets, as the cost of a lawyer would likely be preferable to your wife losing her license. |
Subject:
Re: New York City Speeding Ticket
From: whyisitso-ga on 28 Oct 2004 14:35 PDT |
Honestly, if all of the traffic around you is moving at 85, it is safest for you to do the same. This is what is known as "going with the flow" or "necessity of speed." From the National Motorists Association: "Do not drive at the speed limit if the rest of the traffic is not moving at that speed. If your preferred speed is 65 mph but the slower traffic is moving 62 mph and the faster traffic is approaching 70 mph, either slow down or speed up, but don't fight or obstruct the flow. Going with the flow is far safer and much less aggravating than forcing others to march to your beat." http://www.motorists.com/issues/safety/real_world_tips.html This advice is repeated by Consumer Reports and others as well. Had the incident occured on a residential street, instead of an expressway, I would certainly have different opinions about it, but it didn't. As intelligent beings, we have the ability to consider more from a scenario than just the posted speed limit and the speed someone was traveling. |
If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you. |
Search Google Answers for |
Google Home - Answers FAQ - Terms of Service - Privacy Policy |