While driving from NY to Ohio, I was pulled over on I-76 (area falls
under Harrisburg, PA). I was driving on cruse control through out, and
had just increased speed to pass a truck, and it was downhill and had
moved back to the right lane and cruse speed. I noticed a cop car in
the left lane driving at my speed (65 was posted speed limit) and
after a few minutes, it moved behind me and started flasing lights. As
this was my first time, I did not know what to do, so I put on by
blinkers and moved over to the sholder and waited. Officer came and
asked for my papers, went back to his car, came back after some time
to the passenger side window, and from the that window, asked me to
sign some paper, and said he will explain "everything". I asked him
what was wrong, and he informed me that he was giving me a citation
for Speeding, and he showed me the back of the citation about how to
mail in the check, and he left. When I recovered from the shock and
looked at the ticket, it was for $161 and stated that I was speeding
at 84 MPH in a 65 Zone.
What are my options in this case. Fighting it means I have to take off
from work and drive back 4 hrs to PA. Not fighting means my record
will be effected. As mentioned, I have NEVER been issued ANY tickets
in my entire life.
If I do not fight it and pay the fine, will it effect my NY drivers
record and Insurance, as the ticket was issued in PA? Can I fight it
via Mail? Is it defined as speeding it I exceed the posted limit evern
for a few seconds to pass another vehicle?

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Clarification of Question by nypa-ga on 05 May 2005 19:40 PDT

Thanks. Can I send the citation with "not guilty" and attach  a
descripton of my objections etc, and not go to the trial? Will the
information I provide even be considered or will it be "guilty" by
default if I dont show up. Please note that the citation asks that I
provide the full amount as colateral, and the case is in PA
(Westmoreland County)

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Clarification of Question by nypa-ga on 23 May 2005 07:16 PDT

n7691w-ga , I heard that is a Hoax, and does not work. I had to send
$167 as colateral, and that includes $6 as fee for pleading not
guilty. Now I have a court date 6/8/05 in a town that is 340 Miles
away, and the notice states that " Should you fail to appear for your
trial, a warrant may be issued for your arrest." !!!
It also says that "Letters, affidavits or written statements in lieu
of personal appearance is not permitted".

Any one know of any low cost attorney in Norvelt, PA area. How much would it cost?
thanks

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Request for Question Clarification by nenna-ga on 23 May 2005 16:18 PDT

So, are you now asking us to find you an attorney instead of advise
you on the ticket?

Nenna-GA

YES it will effect your rates. The best way I have ever seen anyone
get out of ticket is by requesting information from the citing
officer. Most police take notes on the back of tickets for reference
in court. You have rights to that information. I forget what the
official name is, but if you opt to have a trial date and then send
out requests for the citation information, the citing department is
required to reply. If they don't you can complain in court about it,
and the judge will usually throw it out. Since most police departments
care less about one ticket, they usually don't respond. Just make sure
you have proof of delivery for them.

I've seen 3 people get out of tickets this way...

You might want to check out the following site on some tips in beating
a traffic ticket:

http://moneycentral.msn.com/articles/insure/basics/10281.asp


The following site, at the New York DMV, answers some FAQs regarding
traffic tickets. Scroll down to 'Traffic Tickets' and look at the
section that covers speeding tickets received out-of-state:

http://www.nydmv.state.ny.us/dmvfaqs.htm

Some things you might want to make note of:

-New York does not record out-of-state violations, so you will not
receive points on your license in the state of New York.

-However, you might want tomake not of Pennsylvania's traffic law. 
Since you were not 'officially' 30 mph over the speed limit, you will
not be liable for'reckless driving' but you are still liable for
speedy driving. In Pennsylvania, the following point system applies:
MPH(over limit)   Points
6-10              2 
11-15             3 
16-25             4 
26-30             5

Although New York will not record your Pennsylvania 'points', your
insurance company may still use these in order to determine your
premium (if they somehow find out about it).  Exactly how much your
premium may go up depends on a number of factors, such as the fact
that you never received a previous traffic ticket and how fast over
the speed limit you were going.  But it is likely that since your New
York points will not be affected, neither will your insurance, barring
some event in which your insurance gets word of your PA violation.


-Sometimes, the local DA will allow you to plea bargain the ticket and
have the speed reduced if you agree to pay a fine (which can save you
a lot of money if the speed is significantly over the speed limit).
You still end up being liable, but you will get fewer points.

-If you do end up going to court and the police officer does not show
up to trial (which often happens because the police officer is just as
busy as anyone else, and doesn't want to bother with every person who
contests a ticket), you may win by default. But don't bet on this
happening all of the time.

-You might wish to contact a service that specializes in strategies
(usually applied at your court date) that are legal and could work in
your favor. Some are linked on this page (eg
www.beatmyspeedingticket.com)

-No matter what, you MUST either attend your court date, or pay uour
traffic ticket (which is an admission of liability), or you may have
your license suspended. New York and Pennsylvania are members of
something called the Non Resident Violator Compact, which means that
even if New York does not record the actual violation (only New York
and Colorado have these exceptions to the NRVC), you will still have
to pay your fine or attend your court date on penalty of a fine or
suspension.

I hope this helps.  Good luck!

The word dalman-ga was trying to remember is 'discovery.'

From a Google query [define:discovery]:

"In law, discovery is the pre-trial phase in a lawsuit in which each
party through the law of civil procedure can request documents and
other evidence from other parties or can compel the production of
evidence by using a subpoena or through other discovery devices, such
as requests for production and depositions. In American law, discovery
is wide-ranging and can involve any material which is relevantto the
case excepting information which is privileged or information which is
the work product
en.wikipedia.org/wiki/Discovery_(law)"

I believe the term "discovery" generally applies to civil matters. A
speeding ticket is a quasi-criminal matter, so the term "disclosure"
is what we use up here in the Great White North. The main difference
is that in discovery, both parties are able to request and examine
each other's evidence or relevant material. With disclosure, the onus
is on the prosecutor to hand over everything they have available to
them, while you don't need to give them diddley. Up here, you must
specifically request disclosure, either through a letter sent to the
prosecutor's office, or a form available from the court.

This is based on Ontario law, your mileage may vary, but common-law
principles like these tend to be similar between jurisdictions.

I heard of a way to at least get out without points on your liscence. 
The ticket is $161.  Make out a check for $167 or something other than
$161.  The police will collect their $161 but send another check for
the remaining balance or extra.  When you recieve that check, rip it
up, do not cash/deposit it.  Points are only assessed when all
financial transactions go through and with you never cashing that
check transactions are not final, but they are happy because they got
their money.  I have never tried it, but heard it works from a
magazine.

Hello Nenna,
I have waited so long without any advice that helps with my fighting
outstation ticket and regarding my options about the ticket. I now
have a court date in 10 days. Any advice is appreciated. I have talked
to a couple of lawers, who have quoted $500 to $750. So I need any
advice you can give in next few days... either on how to fight the
ticket myself or through a lawyer.
Thanks