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2003-2009 Nissan 350Z

A Big Dilemma

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Old Jul 12, 2004 | 07:30 AM
  #1  
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Default A Big Dilemma

To make a long story short, some *** was tailgating me...I was going 65 in a 50 in the passing lane, and the man stayed on my ***...I sped up to 80 so I could pass the car on my right. I signaled, saw that I had 1 1/2 car lengths in front of the car on my right and I cut over. DT cruiser, radared me, and pulled me over. Started yelling at me for speeding and "cutting" the guy off. He then said stuff about me being young and having a nice car. Also said that my car belongs on the track, not on the road, so if I wanted to speed, bring it to the raceway.

He claimed he was giving me two summons (one for 80 in a 50, the other was for unsafe lane change). We talked a bit and he knocked it down to just the 80 in a 50. I knew I sped up, so I sucked it up and took the ticket. He told me "i'm just giving you one and i'm giving you 80 in a 50. If you were one more mph over, you'd have to go to court. If you choose to go to court, I WILL bring it up to the judge about the lane change." Seems like he was kind of trying to coerce me not to go fight the charge.

I don't mind paying the fine, because I know I broke the law. I should've just ignored the tailgater. Regardless, I'm split about whether or not to fight the ticket...because I'm going to get 6 points on my license and my insurance will skyrocket. I have a clean record (the ticket is only $150...not that bad in terms of $$ damage) and although the lawyers fees will cost more than the ticket, I'm willing to fight it to reduce it to no points. On the other hand, I don't want the cop to bring up the unsafe lane change charge (which I believe is full of crap...but its my word against his) which will give me another 2 points...so i could theoretically fight and lose and have a total of 8 points on my record. Do you guys think that its worth it to fight? Is it realistic that the points may get knocked off? Any recommendations for NYC traffic lawyers? Thanks for any advice.
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Old Jul 12, 2004 | 07:48 AM
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Pay the ticket. At 30 over, you're going to lose the battle on the lane change charge.

In VA, 20 over or greater is an automatic wreckless driving ticket and will cost you hundreds of dollars and a possible license suspension. You should consider yourself lucky and pay the fine. The insurance is a real b!tch, but it'll come back down in time.

Good luck.
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Old Jul 12, 2004 | 10:21 AM
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If its your first ticket no sweat. pay the ticket then got to traffic school. I would recomend the internet ones because it will only take you about 2 hours compaired to 8hrs. They will recommend some traffic schools when you get the ticket in the mail. After traffic school the ticket wont show on your record and you'll be fine. just don't get another one.
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Old Jul 12, 2004 | 11:54 AM
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I just got hit up just like you did the other day. A Trans-Am was tailing me acting cocky, so I sped up just so I could get around the car on the right so I could let the T-A go by me. A cop busted me at 83 in a 65. I'm taking defensive driving right now to get it taken off my record.

I think the cost of lawyers and fighting it would outweigh paying a raise in your insurance for a little while. Plus, if you haven't taken a driver's safety course before you can take it to lower your insurance a bit.
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Old Jul 12, 2004 | 11:59 AM
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I don't want to give you hard time, you know that you shouldn't have been speeding, but just wanted to point out that you shouldn't ignore people behind you. This really goes for every driver in my opinion. If the fast lane is empty in front of you and you see someone behind you wanting to go fast then let them. They want to speed and they deserv a ticket, so let them get it. It doesn't mean that you have to reck your car trying to get out of the way but take your time and move over. I follow this "rule" and it saved me a lot of hastle. This is how they drive in Europe and it really does wonders.

As far as you ticket goes, since it's the first one, talk to the lawyer and they might get it off for you. I've been in this situation with my second ticket and got it off. I also saw another lawyer getting 3 or 4 other tickets even thought the cops had the radar reading and sitting there themselves. The lawyer used some trick about radar calibration date, something to the extend that it was too old and that the reading is inaccurate. Judge dismissed all of them. I think it's worth $300 although it's not 100%. Talk to the lawyer, I think they do consultations for free. Good luck!
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Old Jul 12, 2004 | 12:09 PM
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If you just show up on the court date, the prosecutor will knock it down without having to plead guilty. Then you go into court and plead guilty to the lesser charge you just agreed to. This avoids setting a trial date when the cop would have to show up. So instead of 8 points you might get 4. At least that's how I've handled it in NJ.
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Old Jul 12, 2004 | 12:52 PM
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I just got dinged with a BS ticket here. I don't know if it's different in Canada than the States, but an option for me is "Guilty With Explanation". I have an ex-cop fighting it for me and will take it straight to the Magistrate with that plea... the cop won't be there (only his statement). Based on my statement and driving record (full merits & no tickets in 10 years), my rep says he's 95% sure the fine & demerits will be dropped...
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Old Jul 12, 2004 | 01:03 PM
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Wow if thats all for 30mph over the speed limit consider yourself REALLY lucky. In georgia, I think thats a automatic trip to jail now.
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Old Jul 12, 2004 | 01:08 PM
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BFG10: I do not have a court date, because it wasn't a summons. I have the option of paying the ticket off by mail. Thus, I believe that would change the scenario.

Lexrst: "Guilty With Explanation" is not an option for me. Good luck with the ex-cop deal! Wish I had that as an option....

So far I got 3 recommending pay, 2 recommending fight. Being under 23 and male , I think the hit on my insurance would definitely be big. I already pay around 6G's a year (*gasp* it hurts everytime i even thinkn about it)

I just care about getting the points off. Speeding stinks. Getting caught for speeding stinks more!
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Old Jul 12, 2004 | 01:19 PM
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yep I got pull over by CHP first question he ask me was what I paid for my car and what mods I have ... knew then I wasn't gonna talk my way out of the tix just finish my traffic school on line....if you can go to traffic school
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Old Jul 12, 2004 | 02:27 PM
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Originally posted by b3n84
BFG10: I do not have a court date, because it wasn't a summons. I have the option of paying the ticket off by mail. Thus, I believe that would change the scenario.

If you plead not guilty, they'll set a court date. I don't believe the officer has to show up on that date. That's when you plea bargain it down to a lesser charge with less points. That's what you want. If you were to plead not guilty on the court date, without plea bargaining, then a trial date would be set at which point the officer must show up. That's what you don't want. I think that is how it works. But check with someone who knows a lawyer.
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Old Jul 12, 2004 | 03:30 PM
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BFG10 has it right.

At least that's how they do it in Calif. If you can go to traffic school do so. No points but you still have to pay the fine and the traffic school fees. Save your Butt on insurance.

One other thing. You mentioned that the cop would bring up the illegal lane change if you took this to court? So what! He didn't cite you so who looks bad? You can't be cited 2 or 3 months down the road. Let's face it, he doesn't want to make a court appearence.

If you take it to court and explain what happened, the judge will reduce the fine.

If you set a court date and the officer doesn't show, it gets thrown out.

What do you have to lose?
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Old Jul 12, 2004 | 04:22 PM
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You pay 6k a year? WTH..thats crazy. You must live like in the city or something for it to be that high.
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Old Jul 13, 2004 | 06:23 AM
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rockinbboy: WTH is right! I live in Queens, NYC, where the insurance is ridiculously high.

In terms of driving school, it only takes off 4 points, and if I pled guilty, I would get 6 points from speeding...thus, two points that are still on my record. Do I need a traffic lawyer for the court date, or should I only get one if it goes to trial?
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