NEW YORK traffic ticket wows

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STICKMAN

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Not guilty,

i recently got a speeding ticket stating i was doing 61mph in a 45mpr work zone. 1180f. i pleaded not guilty and explained why i pleaded not guilty and got a reduced violation of 50mph in a 45mph work zone, code 1180d.

i definitly was not speeding and the 61mph reading the trooper got on his radar, dual stalker, was probably from the 2 cars that passed me and then exited about 50 to 70 yards in front of the radar setup. i was doing 55mph at that time and had not entered the 45mph zone. i passed the 1st police car at 45mph, put on my cruise control and passed 2 more police cars doing 45mph. about a mile passed the 3rd car, (who was writing someone up) i was pulled over and issued a ticket. my daughter was in the car and could testify at a hearing that i was not speeding.

I sent in this info to the DA's office and got the reduced charge, so they have a heads up of my defence, so all I could hope for is an understanding judge.

i beat a speeding ticket before when faultsly accused, but it dragged on for 4 court appearances.

my question is if i accept the guilty plea doing 50mph 1180d, i/o 61mph 1180f,
1) will it effect my Pa insurance premiums,
2) will the fine still be doubled,
3) what chance do i have of having it tossed out if i still plea not guilty.
4) If I lose in court, will the charges return to 61mph
thanks in advance
STICKMAN
 
Well, that's the sad part about it in this country, justice take so long to achieve, yet being convicted only take a couple of little words.

There are a few things you can do:

1-Default the prosecutor if you have enough time(twenty working days). Non-statutory filings, nothing to argue, prosecutors can't overcome it. If judge attempts to proceed without entering the default, you just file a Writ of Mandamus/Mandate. Go all the way to the top if you must, it's costing them, not you.

2-Fight it with statutory filings-Motion to Quash(if prosecutor has failed to file a complaint) Demurrer would be the other you file if he did file a complaint.

3-Get a laywer, pay him. Lose-lose situation there.

These Malum Prohibitum "crimes" are bogus. One look at the scheme, where you can't even cross examine the "victim" because there is none, has BS stamped all over it.

Stickman, you have some good points in your post. The catch to Malum Prohibitum Cases is to stop it before you have a hearing. You know that cop couldn't explain with his high school education, how that radar gun works. Hell, he doesn't have the technical knowhow to possibly explain how he "knows" he was actually geting your speed and not someone elses. Of couse he would try to explain, but it would be like a kindergardener telling you how design the software to help land the space shuttle. Amusing, but not very usefull. The cop is a drone, nothing more. They aren't in those positions because fo their stunning IQ's.

I have a friend in CA, who's local pd won't touch unless he is being charged with a felony, or they have a signed(victim) criminal complaint. He's off limites on the traffic issues lol. Damn good. He just takes to them on Subject matter jurisdiction, and works for him. (I think he lives for this stuff).
 
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Scooterdog, thank you for your advice. i was given 3 choices after pleading not guilty. plead not guilty, guilty, or communicate with the DA's office for an alternate disposition. i responded with the 3rd choice asking to have the charges reduced to a parking ticket. they responded with the 50mph in a 45mph work zone.

the offer was good for 20 days. if i don't accept soon, i must appear in court in 6 days.

my main fear was having my Pa insurance raised 30% for a moving traffic violation.

lmpat assures me that NY fines are not transferred to Pa.

to save me the 140 mile round trip, no telling how many times, i probably should accept the 50mph offer. if i lived closer i would fight it. there's a reason why they knocked off 11 miles from the original claim.

thanks again

STICKMAN
 
Isn't that a double fine in a work zone? I would be careful on that one. May want to look over the laws before you bite on that. Do whatever you're comfortable with, just be careful.
 
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Scooterdog, according to info i come up with on the net, work zone fines in ny range from $90-600, with a possible jail time.
gsha.org
$90-$600 or up to 30 days in jail or both
at 5 miles over i s/b in the $90 range. i would spend that in gas if its anything like the last time i pleaded not guilty.

thanks again
Stickman
 
Do what you have to do. I was just worried there may be some hidden charge there. You checked it out, and now you know. Good job looking it up.
 
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