NY State Speeding Ticket - Help
 

On the way to Reading, with my fiancee behind the wheel, she was nailed going 84 in a 65 zone. :( Two minutes earlier, she was doing 100 and didn't even notice she was going that fast. :eek:

We were heading southeast on US390 when it happened, near Avoca, 20 miles northwest of Corning. Two things though that puzzled me on the ticket:

1) It said FRI 04/09/03. Now, Friday is correct, but the date would be 04/11/03. :confused:

2) It said (street name) ST. 17 E/B (hwy type) 2 (hwy no.) 17. According to all the maps that I have, if we were at Avoca, we would have been on US390. US390 leads into US86 10 miles down from Avoca, which then splits to ST17 and ST15 another 10 miles down at Corning.

My questions are, were we really on ST-17, and if anyone has had any experience fighting tickets and winning based on such a technicality with the date.

NY State and Ontario has a reciprocal agreement, and I really don't want the points to show up on my fiancee's driver license. If anyone has recommendations to a ticket fighter in that general area as well, I would also appreciate such info.

Thx kindly.

VK

Speeding ticket
 

Not a clue for helping you but are you positive there is a recip. agreement. New York and Pennsylvania don't have one so I would think that it would be more difficult to set one up across boarders. How far were you into the drive? I wouldn't think it would be worth the fight as you'd have to drive down for your court hearing anyways.

I'm fairly certain Ontario has one with NY and PA. It's been in place for years. :(

I'd figure about a 3 hour drive into it... The points on her license would be worth getting a ticket fighter, from an insurance's perspective...

VK

As I understand it, VK, that little date technicality will get you off the hook. I've heard that many officers will do things like that as a gimme for anyone they ticket that is sharp enough to catch it. Even if it was an honest mistake it gets the ticket thrown out by a traffic judge. It just might have been your lucky day. If he had caught her a couple minutes earlier doing 100 he might not have been so "careless" ;)

VK,
Funny, Anne didn't mention this little "police action" during our dinner discussion...:p
-Bill

generally you are entitled, on the charging document (ticket) to be advised of the time and place of the crime (moving violation) so that you can assert any defense you have (i wasn't on that particular road on that day and time, etc., basically it goes down something like "i was told on the citation it was on highway 55 at 1:00 a.m. BUT the testimony at trial was it was hgy. 56 at 1:00p.m., so the variance is such that i wasn't advised what to actually defend against). most judges SHOULD allow you to beat it on those type of errors.

Now the question is, anyone with a good recommendation to a ticket fighter in the area? I'm not thrilled at driving 3 hours to and 3 hours back to defend it.

Unless someone wants to organize a meet on the court day there... :D

SVXRide,

That's what she meant when she said "I know the feeling well" after your State Trooper story just before crossing into the PA border... :D

VK

I would submit the not guilty based on the technicality alone you'd probably get dismissed.

Re: NY State Speeding Ticket - Help
 

As one who always goes to court over moving violations, I would have to concur with others that the incorrect date should be enough to get it thrown out. Also, if it can be proven that the location is incorrect, that's strike two in your favor. I know it's a long drive, but look at it this way: the cost of gas and time off from work will pale in comparison to the increased insurance costs, so it is well worth the drive.

Also, there is every chance that the officer may not show up!! I have had that happen often. In fact, every time I've gotten a ticket at night, so this is something to keep in mind. Hope this is helpful.

Anyone know where else NY has recirocity? (da bastids!)

Ususlly, it's only 1/2 the points since it's from a different justice system-and internationally-that's incredible-damn NAFTA, we can get points internationally but not duty free individually.:mad:

Thanks to all who suggested fighting the ticket.

After finding out the REAL court date (the cop wrote down April 20th, which was Easter Sunday :rolleyes: ), we went down to Avoca on the 22nd, and after pointing out that the cop had modified HIS copy of the ticket to the correct dates to hide the error, the JP threw it out. :)

Yet another perfect excuse for an 8 hour road trip in the SVX. :D

VK

BRAVO!!!! One for the good guys. If it were me, I'd be in prison now...

Who drove - you or her? :D Congratulations! I would have been in jail as well. The cop really had some problems that day didn't he. He should start carrying a calendar. On second thought - no, it may be me next time. :)

He was carrying a calendar for sure. Unfortunately for him (and fortunately for me) he had it flipped to the month of MAY. :D

I drove most of the way down and back up on both trips. She wasn't 20 minutes driving when she got caught on the way to Reading. :rolleyes:

VK

IF YOUR IN NEW YORK TAKE A DEFENSIVE DRIVER COURSE WITHIN SIX WEEKS OF THE ISSUED DATE ( READ:PAY THE FINE) AND THE POINTS WILLBE AUTOMATICALLY DEDUCTED FROM YOUR LICENSE WITHOUT EVER APPEARING ON IT:D JUST HAPPENNED TO ME LAST NOVEMBER