Speeding ticket

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Old 10-31-2005, 07:44 AM
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Unhappy Speeding ticket

Need some advice.. i just got my first ever speeding ticket in the new G .. was on the taconic coming home from yorktown.. have no clue where i was.. was following a friend in his truck when an acura tl wanted to race and so did a camaro.. so i did wa most of us would do and show them off.. so i floored it and passed right by a cop.. he wrote me up for 95 on a 55.. thats my whole liscense in one shot.. **** no luck i have...

was wondering if the ticket will get dismissed cause the cop wrote last years date under date of offense. but where he signed the ticket he wrote the correct date..... need some help cant loose my liscense nor not b able to drive my g.. only 2 weeks old with me.... ****... anyone have any suggestion or xperience with speeding tickets....

funny crap is after i got the ticket u know i was doing the speed limit and some turd in a 3.2tl rolls nex to me and challenges me to a race.. he kept by my side for half a mile n saw i wasnt interested and then floored it and was gone... lucky bastard didnt get pulled over...
 
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Old 10-31-2005, 09:48 AM
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I learned this the VERY hard way earlier in the year...

As for the speeding ticket - where I live you would have automatically gotten arrested, car towed, and thrown into the back of the cruiser for aggrevated speeding (27+ above). 40 over looks pretty nasty, but your only shot is to go to challenge it. Get a lawyer and hopefully get it dropped to a lower infraction or agree to some "good driving" school commits.
 
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Old 11-02-2005, 02:51 PM
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What kind of cop was it a yorktown cop or the pig statetrooper that always hang around over there. Let me know ill talk to some people although im only sixteen i know a lot and might be able to help you out. Also where were you like by which exit or any additional info.
 
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Old 11-02-2005, 04:58 PM
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Originally Posted by IaM2fAsT4U
What kind of cop was it a yorktown cop or the pig statetrooper that always hang around over there. Let me know ill talk to some people although im only sixteen i know a lot and might be able to help you out. Also where were you like by which exit or any additional info.
Any help is appreciated man.. thanx.. the cops name is finnegan. (state trooper hiding in the pitch dark). i was going south bound on the taconic have no idea wa exit as i have never been up there.. got lost going there so imagine going back home late night....i was driving on the slow lane... n i saw him last min hiding in the dark all i saw was reflection as i passed by him and then the lights.. ouch that hurt
 
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Old 11-02-2005, 05:41 PM
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Oh i thought it might have just been a yorktown cop going from ext to exit but it was one of those bastard troopers. I'll talk to my uncle, he is the cheif of police in yorktown and see if he can give me any advice 4 u. I'll also ask my sister who knows some cops but it might be out of our league becasue of the state trooper. I heard once that if you plead guilty but you say you had your cruise set at like 80 or whatever becasue you were in a rush and you think the officer made a mistake because others passing you. If you worriled about the liencse thing get a lawyer.

If you were in fact going faster then 95 idk what you should do but if you are certain you weren't then ask to see the recipt the cop is suppose to print off of the radar gun. My uncle says they sometimes dont because they dont know how or ran out of paper and r 2 lazy to reload it. This got my friend off of a 70 in a 45.

Good Luck though
 
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Old 11-03-2005, 07:24 AM
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Originally Posted by IaM2fAsT4U
Oh i thought it might have just been a yorktown cop going from ext to exit but it was one of those bastard troopers. I'll talk to my uncle, he is the cheif of police in yorktown and see if he can give me any advice 4 u. I'll also ask my sister who knows some cops but it might be out of our league becasue of the state trooper. I heard once that if you plead guilty but you say you had your cruise set at like 80 or whatever becasue you were in a rush and you think the officer made a mistake because others passing you. If you worriled about the liencse thing get a lawyer.

If you were in fact going faster then 95 idk what you should do but if you are certain you weren't then ask to see the recipt the cop is suppose to print off of the radar gun. My uncle says they sometimes dont because they dont know how or ran out of paper and r 2 lazy to reload it. This got my friend off of a 70 in a 45.

Good Luck though
im pretty sure i wasnt going 95 as my wife wouldnt b 2 happy she hates speed... i know i was going around 85 not much different but i mean traffic was moving fast.. im an idiot i didnt even ask the cop for the proof from the radar gun...
I have hired a lawyer from formercop.com i have heard good things about them.. hope all goes well, but any other help is greatly appreciated man thank u very much for looking out for me... Let me know if u come up with anything...

Are u going to the meet on nov 12? if so gotz to thank u in person....
 
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Old 11-04-2005, 05:45 PM
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I'm a District Attorney, so I'm qualified to tell you about the facial sufficiency of your ticket. If the cop wrote the wrong date, that can easily be cured by the cop, so you're screwed there. You should find out what court this will go to if you protest it. Immediately photocopy the ticket (front and back) and send it off to plead "not guilty."

Then when you get your court date, you should find out if its a village court or traffic violations bureau. If its TVB, lets be clear that you're F*CKED. In village courts, you have a much better chance of getting a reduction, since ADA's usually handle the tickets and reductions. TVB is run by overzealous c*ck knocker ALJ's who want to be REAL judges one day.

Once you know what you're dealing with, your situation will become much clearer. Additionally, your speed does not "kill your license" just by the speed alone. You'll probably have 8 points, but you need 12 to lose your license.
 
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Old 11-04-2005, 11:03 PM
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I would be careful with formercop.com . I don't know the attorney or the site but would just offer a tip from some past experience. I am an attorney in NJ and managed a high volume foreclosure practice. We dealt with many of the debt elimination schemes out there where they promise to eliminate your mortgage debt by filing paperwork citing to English common law, the gold standard, etc. They appear official and seem to work to someone not learned in the law but are easily defeated by those that know the law. I saw the testimonial on the 11 point ticket and it seems to be the same type of pleading that I saw in hundreds of cases, all of which were defeated with a summary judgment motion and minimal work on my part. I don't know NY law so can't say for sure but I have my doubts. The DA that responded earlier can give you a better idea if he takes a look at the site.

I also have some concerns about the site. There are usually strict standards on attorney advertising, especially when promising results and referencing past occupations such as being a judge or police officer. I have some serious concerns about that. However it could be legit but I would do some research. Contact him and ask HOW they plan to beat the ticket. If they are using the same pleadings in the testimonial section, run and run fast. A good attorney will base his defense on the actual charge and facts rather than merging a form.

Simply put, if it's too good to be true, it probably isn't. If they could eliminate all tickets, especially at the speeds in the testimonials they would be all over the news, not just the one article they quote. Think about it. If he could eliminate all tickets, this guy would have so much business he would be turning away people. And charging a very large fee. I sound like my grandmother with the prior quote and this one but you get what you pay for. If you want him to eliminate the ticket and the points, expect to pay a hefty fee. A friend saw a DWI attorney in NJ a few years ago who said that for $5-$10k he could get him off completely with experts, motion practice, etc. or could get him the minimums for $1k. Expect to pay several thousand from a legit attorney if you want to get completely off the ticket.

And don't plan on using the wrong date to get off. The courts are very liberal in allowing an officer to amend a ticket, especially if it doesn't go to the offense. I had a ticket which cited a statute in NJ for operating a sleigh without bells (the honest truth) but had another offense (I forget what it is at this time....I've had my share of tickets) and the officer was able to amend the ticket since the offense was written out in addition to the cite to the statute.

I hate to say it, but at that speed, anticipate a large fine and getting points. You must be realistic. Unless there is something very wrong with the system (i.e. the judge or prosecutor and some relationship with an atty) or the ticket, you will not get completely off. I hate to say it, but it's true. In NJ you can get a "no pointer" (with the corresponding fine of about $400-$500 for a lot of offenses but not at that speed.

My typical advice for friends not in NJ (I have a very good atty here if someone needs a referral - and, no, I don't get a kickback but he has had good results with friends of mine at good rates) is to go to the court one night and see which defense attorney seems to have a good report with the DA (or whatever it is in that jurisdiction) and is getting good results. Ask him for a card. Expect to pay at least $500 for basic representation (which you could probably get the same results by talking with the prosecutor - they can't try all the cases there) or up to several thousand if there is some bona fide legal manuevering.

I don't mean to malign this particular website or attorney but want you to go into this with your eyes open. If he is who he says he should welcome inquiries into how he will handle this. If he gets defensive then you should wonder if I may be right.

Best of luck!
 
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Old 11-04-2005, 11:19 PM
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I pulled this off Cornell Law School's website. It contains the text of NY's ethical rules concerning advertising. I believe it is up to date but cannot verify that.

Lawyer Advertising

EC 2-10

A lawyer should ensure that the information contained in any advertising which the lawyer publishes, broadcasts or causes to be published or broadcast is relevant, is disseminated in an objective and understandable fashion, and would facilitate the prospective client's ability to select a lawyer. A lawyer should strive to communicate such information without undue emphasis upon style and advertising stratagems which serve to hinder rather than to facilitate intelligent selection of counsel. Although communications involving puffery and claims that cannot be measured or verified are not specifically referred to in DR 2-101, such communications would be prohibited to the extent that they are false, deceptive or misleading. Special care should be taken to avoid the use of any statement or claim which is false, misleading, deceptive or unfair, or which is violative of any statute or rule of court, in disclosing information, by advertisements or otherwise, relating to a lawyer’s education, experience or professional qualifications, the nature or extent of any nonlegal services provided by the lawyer or by an entity owned and controlled by the lawyer, or the existence of contractual relationships between the lawyer or law firm and a nonlegal professional or nonlegal professional service firm, to the extent permitted by DR 1-107, and the nature and extent of services available through those contractual relationships. A lawyer who advertises in a state other than New York should comply with the advertising rules or regulations applicable to lawyers in that state.

EC 2-12

A lawyer occupying a judicial, legislative, or public executive or administrative position who has the right to practice law concurrently may allow his or her name to remain in the name of the firm if the lawyer actively continues to practice law as a member thereof. If the lawyer does not have the right to practice law concurrently, the lawyer's name should be removed from the firm name, and the lawyer should not be identified as a past or present member of the firm; and the lawyer should not hold himself or herself out as being a practicing lawyer.

EC 2-14

The following, if used in public communications or communications to a prospective client, are likely to be false, deceptive or misleading: (1) a communication that promises the outcome of any legal matter; (2) a communication that states or implies that the lawyer has the ability to influence improperly a court, court officer, governmental agency or government official; (3) a letter or other written communication made to appear as a legal document; (4) the inclusion of names, addresses and telephone numbers as required by DR 2-101(K) in a manner that is too small or too fast for an average viewer to receive the information in a meaningful fashion; (5) the use of dollar signs, the terms “most cash” or “maximum dollars,” or like terms that suggest the outcome of the legal matter; (6) the use of an actor to portray the lawyer or another representative of the lawyer’s firm; or (7) any other use of an actor or use of a dramatization without meaningful disclosure thereof.


This may also be helpful:

New York Bar association wants lawyers' ads to display tact


Preface: We have long recommended that legal consumers rely on referrals from friends, family, and others in their own localities when searching for an attorney. On the same token, we recommend that consumers never rely on the telephone book, referral services, the bar, billboard ads, television, radio, bus or bench ads, or the like when selecting an attorney. Word of mouth, good or bad, still remains the best form of advertising and communities across America are talking more than ever.

Despite the legal services you may require, find the right attorney(s) to meet your needs. Try to speak to lots of people before making your selection. In searching for the right match, consider contacting the Chamber of Commerce, newspaper editors, television anchors, your family doctor, church members, and co-workers. Another strategy includes speaking with several attorneys who don't specialize in your particular needs. Ask them who they would refer you to if it were their mother, father, son, or daughter who needed the legal services. At some point, specific names will surface from different sources. Don't, however, get sucked into the idea that just any attorney can help you. Also keep in mind, that some lawyers will speak to you and others won't if they know there is no business to be secured. Some won't speak to you for love or money. Do your research before enlisting help and forge ahead.

With law schools collectively pumping out huge numbers of attorneys, it is a fact that more and more lawyers are needing work. Most of them become reputable general or specialized practitioners. Others seek jackpot judgements. Some are willing to violate ethics rules or practice on the cusp. Some will take your money or pad their bills while doing a mediocre job. Some won't help you at all. Whatever the case, both ethical and unethical practitioners use advertising strategies. Among the listings of attorneys, large city Yellow Pages are sprinkled with photo ads sporting smilers, stern-faced curmudgeons or the question, "injured?" Radio, newspaper, and television invitations for lawsuits are commonplace. And some even have clever jingles like, "One call, that's all!"

Depending on how advertising is presented, it can lend credibility and support or dreadfully cheapen the profession. Interestingly, many of the most successful law firms don't advertise at all. Certainly, it can be said that much of the advertising we see now is parasitical and in bad taste.
 
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