Hi all,

A friend of mine showed up at the office this morning with ticket he got in NY state, 81 in 65 zone, on a highway. He got clocked with a laser. I have no experience with NY state traffic laws and rights and they sound different than what we have in MA. The odd part is that there is no monetary fine included. He has to plea guilty or not and I think after that the fine is handed out. To all of you NY people, can you explain to me briefly how this works and what my friend's options are? The info I am looking for is:

1. If he pleads guilty, what happens?
2. If he pleads no guilty, what's the process in that case?
3. Do you know is MA and NY share info and if insurance is automatically effected by this?

Thanks in advance.

 

I had a similar experience when I was summoned to appear in Ohio court for "reckless operation of a vehicle".

1. The judge will then decide whether or not to accept his plea(in my case they threw out the charge), but either way he's going to have to pay the court's surcharge. My surcharge was $120 IIRC

2. Then the case is moved to trial and he will have to appear in court again in NY state with an attorney and it may become a very drawn out process.

3. His insurance won't be affected from what I know.

Since there wasn't a fine amount, it seems like he also received a summons and will have to appear in person to court. I had to drive eight hours each way just to go to court. It sucked, but it was better than having a warrant issued.

 

IMO, seek council in that district because 15mph over the posted speed limit it’s considered reckless driving. An attorney can probably get it reduced to 5-10mph over and/or improper working equipment. I'm just speaking from experience, hopefully it works out for you. Good luck

 

On the back of that summons it tells you how much the fine should be. Look under the speeding section and it tells you the amount based on how much you exceed the speed limit. If he pleads guilty he pays a fine and gets points on his license. If he pleads not guilty you fight the case but will probably lose because he caught you with a laser. Im not sure about the insurance though.

 

As far as I know, New York State does not share speeding violation information with any other State. It seems some years ago, New Yorkers were getting picked off by those infamous Southern speed traps so frequently that the powers that be (?) decided to not cooperate with other States regarding both violations of out of State drivers and New York drivers ticketed in other States.
If you need expert advise, the man to talk to in the Hudson Valley area is Casey Rascob in Westchester. He specializes in NY Traffic Law. He's done very well for me. (914) 271-1380

 

Friend of mine here in PA got pinched in NY with 15mph over the PSL. Long story short, he pled NOT guilty and requested a court date. (He was told to do this by other caught in NY) When you go to court, there will be a Prosecuter there. They do not want to try your case because of time and costs. Plead your case with the prosecutor and tell him your life story and that you can not afford points and the fine and promise, when visiting NY, to obey their speeding laws. My friend did this and the prosecutor immediately dropped the charges down to a "parking" fine for around $80.00 and no points. Also, note that the Trooper or LEO can not negotiate in NY. It is done by the DA's office. He also mentioned that there must have been about 30 people lined up for the court date.

Lots of luck.

 

Like someone said, if its an out of state license, the points won't transfer, so he can just pay the fine and plead guilty. I've still got a NY license for now and have gotten tickets in at least 3-4 other states and not had issues with it. I just plead guilty and pay the fine.

 

i was pulled over doing 89 in a 45 with my bmw by a ny state trooper. I got it reducd to a 275 fine and 3 points. But it was not speeding... it was "failure to yield" It depends a lot on the judge and the D.A.
But if he doesnt have a NY license, then dont worry about it, he will just pay the fine no points
good luck though man

 

FYI - NY Points transfer to PA!!! Not sure about NY points transfering to Mass. Check with your DMV.

 

just get a lawyer, i always try to find one that is from the area of the court so that he knows the judge.

 

I know that the points do not transfer over so it wont affect you insurance at all. If you plead guilty, the fine might be a bit pricey but you will just get it over with. You can try and fight it, but you might have to show up in court in NY.

 

this is true