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08-03-2007, 04:12 PM | #1 |
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WTF My License Got Suspended HELP URGENT!!
i got a letter from the dmv today saying i didn't take care of a speeding ticket i got in april and my license got suspended.
but here is the thing. a week after i got the ticket i sent in the not guilty stub in the mail and just wait and waited. so i thought i mailed it in, i did my part and ok. do i just go to the dmv and tell them i mailed the stub in a long time ago got nothing and i just want to pay it off now and i will get unsuspended? if i pay online will i go from suspended to unsuspended? Update: 4/23/07: me and my friend ate mcdonalds and decided to crash at his place. so it's 1.30am and im following him to his house (jeep wrangler). while driving to his house, a cop came out of the night and pulled my friend over and i tried to continue (make a turn or something), but the officer quickly got out of his car and pointed me to pull over as well. so when asked what we did wrong he replied speeding, going 65 in a 35mph. so me and my friend both got the same ticket and at the bottom it also noted that we were "racing" which is nonsense as i was following my friend to his house and he had a jeep and me a bmw (doesn't really matter but just saying). were me and my friend really going that fast? no way. i had my valentine one and no signal went off and yet the ticket says the speed was measured by PACE (which i believe is the radar they use). my friend had a cobra radar and his didn't go off either. now i was not racing first off and was no way going 65. at the highest me and friend are going 45-50 but 65 is no way. i pleaded not guilty. my friend (best friend from elementary school) is now living in thailand so he just paid off the ticket and went away as he didn't have to care anymore. me on the other hand is a different story. ??/??/07: after pleading not guilty i got my 1st court date on ??/??/07 (don't have exact date with me). i missed the court date and 3 days later i got a letter in the mail saying my license will be temporarly suspended until the problem is resolved. so i drive to the court house and i paid a $200 bail to keep my license valid and for another court date. 4/12/08: today i got a letter from court saying i have court date on 5/13/08 9.30am. so im wondering if anyone here has experience, connection, etc to a speeding ticket guy that can help at good price. im not looking for the best just someone that knows what he's doing. thanks guys. Last edited by hl0m4n; 04-12-2008 at 01:30 AM.. |
08-03-2007, 04:22 PM | #2 |
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It's different from state to state... your location says "USA", so not too many people will be able to help you there...
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08-03-2007, 04:29 PM | #4 |
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Some DMV's don't give a damn. They didn't get your "not guilty stub" and could care less what you say you did. Hopefully that's not how it plays out but most goverment bodies take the, "their more righteous then god" stance.
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08-03-2007, 04:49 PM | #5 |
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You better have proof that you sent it in. i.e. return receipt or something, otherwise you will have no leg to stand on.
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08-03-2007, 05:04 PM | #6 |
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08-03-2007, 06:09 PM | #7 |
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spoke to lawyer and all and i see myself with two options. i found out my license isn't 100% suspended. i have to take care of ticket in 30 days before it get suspended.
option 1: pay lawyer $750 and thats it to get speed lowered to a point where it doesn't inscrease insurance. option2: just pay ticket no more then $250 (dmv now closed) and take a defensive driving class for 10% off insurance and for NY members 4 points off. speeding ticket is 6 so minus the 4 i will have two. another question is this. the 6 points are on my license. i take the course minus 4 off me. but car insurance is under mom's name. will she get the 10% insurance off even though i took the course? found out that lawyer or not, there is no way to get points down to a total 0. so which would you guys do? how much is a defensive 6 hour class? |
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08-03-2007, 06:52 PM | #8 |
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If you drive a 335i and live at home you should be able to afford a lawyer. I went through something similar a few years back. Of course i'm 48 and the lawyer was only $500 (PA). It still cost me 3 points but no suspension. Of Course I was doing 90 in a 45. Oops
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08-04-2007, 10:55 AM | #9 | ||||||
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You have 30 days to have it taken care of before a suspension action is taken, it's just a notification to you. Quote:
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More importantly, what county did you get the ticket in? There is only 2 counties in NYS that the DMV handles tickets. Nassu would be one of them, I think Sulfolk is the other. Look for this on the lower right corner on both sides of the ticket: "Traffic Violations Bureau" If you don't see it, then the DMV doesn't handle it. Show up at the DMV without that on the ticket, they will just tell you that u need to go to court and pay the fine. The court location is written on the ticket on the bottom part. If you have a hard time reading the court address, just do a search for the courthouse name that's listed on there. This is how it works with the court system: Show up in the morning (around opening time, most of them open at 8am) Bring the suspension notice with you. Ask the clerk for your traffic case. You will be given a option to fight the ticket or take responsbility and pay the ticket in full. If you chose to fight, then the clerk will get the paperwork together for the judge. Give the clerk your suspension notice because on the bottom of it, there's a tearoff portion the judge has to sign and the clerk has to return to the DMV to cancel the suspension action. Wait until your name is called in the courtroom. When you are called in, you will have to state your name for the records in front of the judge (only when asked) and the judge will confirm with you that you want to plead not guilty. He/she will set a bail (between $50 to $200 depending on location), and will sign the suspension notice to cancel the action. You go back to the clerk and post bail (depending on court location, it may be just cash, or check. Credit card in some places if they are up to date. Then the clerk will arrange your trail date...IF you don't show up, your bail is fortified and suspension will occur again. When you show up and win the case, you get your bail back...if not, then you only have to pay the difference in the ticket fine. If you chose to plead guilty and pay the ticket in full, give the clerk the suspension notice and they will take it to a judge and have the judge sign it, and you pay the fine and that's it. Quote:
IMHO, it's a waste of my time...it just covers the basic, felt like a driving school for n00bs. I was like WTF when they brought the chapter up of how to pick a parking spot to park in a shopping center! Quote:
Those that can...they used to be prosecutors or state/county attorneys and started up their own firm. They know most of the judges, clerks, police officers and know connections. Quote:
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08-04-2007, 12:49 PM | #12 |
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08-04-2007, 03:30 PM | #13 |
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Ah, you probably just smiled and batted them baby blues of yours.
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08-04-2007, 06:38 PM | #14 | |
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damn man thanks so much. you really broke it down for me. seems you had one of these before? the ticket i got was in april lol. you think i can bs a story to make the speed down? it was 2 am in the morning as well as it being soo far back. the driving class did take 4 points off your license though right? |
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08-04-2007, 09:06 PM | #15 | |||
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It's my first car I brought at 17 so I'm sure you know what happens when you're amazed by the torque from a 320 hp and 345+ ft/lbs torque engine and it costs 25k. I got about 12-14 tickets in 2 years...about 70% of them were for speed, other bullsh!t like making a left turn in a no left turn zone, failure to obey a traffic device, etc. My first ticket was for 77 in 55 by a state pooper...after I got it in my mom's jeep, the next week I picked up a few books about traffic tickets and cases, and found "police pursuit driving manual" in the bookstore (yes I know how to P.I.T. so idiots who do a hit and run on me isn't getting off easy!) and picked that up for kicks. I kept on reading cuz it's interesting how the system works...the loopholes of it, different ways they do it. And came to a conclusion that most idiots are lazy and pay the fine instead of going thru the process fighting them. If everyone fought every single ticket, the system would fail. And the worse you can end up is guilty, the charge won't be more if you fought it anyway. Think about it, if you fought it, it buys you time. Since not everyone is doing it that way, it's a cash cow for the state and counties. So my first case was that 77 in 55 turned into failure to obey a traffic device, no points! This is the best way to act when you get pulled over: Put your hands on the top of the steering wheel (this eases them knowing you're not holding a weapon or firearm ready) If it's raining or cold, leave the window closed until tapped by the officer. Don't reach for the glovebox or your wallent until you inform the officer that it's in your glovebox or in your back pocket. They will go on a higher alert and think you're reaching for a weapon unless you inform them. Say yes or no, keep everything to a breif. You have the right to remain silent. Don't argue, that's what the courts are for. If the officer goes back to his car with your license and reg, 50% chance says you're getting a ticket. If he tells you he wants to run a check on your license and reg to make sure you don't have outstanding warrents or the car is not stolen, better chance of a warning. While he's busy doing something else in the patrol car, take down notes of where it happened, the time, the color shirt and pants you're wearing. If you see him coming back, toss it on the floorboard and don't let him see it when he hands your info back. Try to make yourself less memorable to him so it'd just be a rountie traffic stop. Think about it, he pulled over hundrens of cars before you and haven't closed the cases on them in courts. If you keep on the down low, he may not remember you until he reads the note on the back which is just some pointers for him (yes you can get a copy of this note through discovery request) I got off 4 tickets this way because they can't even remember what color shirt I was wearing, and the weather along with small bs stuff like was my windows open or the top down. The video recording crap they use in their cars...they don't use it for traffic cases unless it's a major violation like DWI, reckless, hot pursuit or chase, assaulting a officer, fighting with them...things of that nature. On a related note to yours: One time I received a suspension notice and it's all because the damn asshole court clerk in the city of Mt. Vernon (just look for the male one with a beard) did in fact get my letter saying I can't appear on that day and requested another day. He went ahead and put down a no-show instead of postponed. I called him and told him I sent a letter saying I can't make it and he said "you were supposed to be here!" and hung up on me! So I had to go thru the same process of bail since it's a standard procedure and no other way unless you know someone who works at the DMV. I mentioned to the judge about that clerk, showed her a copy of the letter I sent and the regiestered mail reciept. She took note of it and said to the baliff in the courtroom "why is this still happening in the office with postponements???" and the baliff was like clueless. BS stories don't always fly unless you have a valid crediable reason to it. Cops heard it all the time. This is what usually happens for a normal case: Plead not guilty, send mail in, get trail notice in mail, show up in court, right before the court session starts, cop will come up to you and offer you a deal. It's your last chance right before a trail and the cops do this most of the time for traffic tickets to save the court and the cops time. It's gonna go like this "Here's a violation of speed 63 in 50 MPH zone, however I can give you 'no seatbelt' and no points. Would you like that? otherwise we can go to trail and I'll just tell the judge you were doing 63 in a 50 zone...how would you like to go?" It really depends on the cops way of doing things. Only the original writing officer can change a charge. Or terminate it by filling out a form and it requires a reason. However once in a while if they make a error like wrong car or plate # or wrong location, it can be grounds to terminate the ticket but the cop has a chance to rewrite a new ticket in the same charge. On the back of the ticket, there's a checkbox asking if you want supporting deposition (copies of the info used in the ticketing case) If you don't get that info before the trail, make a motion to dismiss due t lack of supporting deposition. If the prosecutor wants to reschedule, object that stating you had to take a day off to come here and can't afford to do it again. If the worst comes...make a motion requesting more time to discovery and to build your case. The way I do it and it's proven because all the courts in Westchester county is backlogged over a year in trails! Plead not guilty to ticket > wait for trail date (usually 6 months to a year) > wait til 2 weeks before the trail date (be sure to mark it on the calender) > send a letter saying you will be away on vacation/business travel/can't make it excuse > wait 6-12 months again > receive a new trail date > attend and see what deal the cop gives you > take it or trail time! I like to think of it as a deferred payment. The upsides: No need to pay now. The longer the court date goes by, the less chance the cop has remembering the ticket and the time it happened. Cop no show...case is dismissed! (becareful of this one, the prosecutor will try to proceed the case and you must request the ticketing officer to be present. If they are not and the case proceeds, that's grounds for a mistrail and the appeal process will find that. They may also reschedule the cast...if they try to, bring up the "take day off, can't afford to again") Try to pick a random day to show up at the courts and request that day from the clerk. (Normally the clerk trys to arrange all the traffic tickets to be done by the ticketing officer in one day as a court day for the cop) I try to avoid this...I just like to make them show up just for one traffic case ticket Fighting it. The downsides: Time from start of ticket to end of case may take up to 2 years. (I have one case still pending and it has been over 5 years without a trail date from the state pooper who acted like a cowboy when he walked up to my car and gave me a 77 in 55 (same speed as the 1st one I had 2 years later!) I'm thinking he got reassigned to a different part of the state or he left the force. If convicted of the original charge, the insurance will know when the conviction occured when they run a random scan on your driving record or at renewal and will use that date to count when your preimums will go back down (3 years count). Not the day the violation happened... I've been advised by a lawyer to never tell or let insurance know what the original violation is for, they don't even know! I didn't attend driving class as a result of a ticket...I went on my own to get 2-5% off insurance and I had time between college semesters. They will take points off up to the day printed on the driving class certificated and that's the last day you attended the class. It's mailed to you, the driving class will also send a copy to the DMV to remove points. You take the copy of the certificate and fax it to your insurance company to get the discount. The class I took was 2 seperate days (can't remember how long it was, 2-3 hours per day I think) So if you get another ticket convicted and got points for that after you took the class, it won't apply. It only applies any convicted tickets before the class. Now NY has a gay-ass "Driver Responsibility Assessment" for a while already. It applies when: Quote:
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So ya better cool it for a while.
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08-06-2007, 12:46 PM | #17 |
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also another thing that i have a thought on is this. the car insurance is under my moms name. the speeding ticket is under my name. so does that mean my parent's insurnace won't go up and its when i get my own car insurance under my name the 6 points will be there?
like if you let a friend drive your car with you in passenger and he gets a ticket, will your insurance go up cause of him? |
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08-06-2007, 12:51 PM | #18 | |
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I was late for my final exam and got stuck behind some retard who couldn't figure out if he was going to gun it or slam on the brakes.
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08-06-2007, 01:34 PM | #19 | |
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As for the friend driving your car, it would go against his insurance. He's the one demonstrating an increased risk. However, if he is driving your car and your policy does not permit third party drivers and your insurance company finds out, your policy could be dropped; again because you're demonstrating higher risk by not abiding by the policy stipulations; unless his insurance permits him driving the car. Furthermore, if your policy doesn't permit him to drive your car, even with your expressed permission, and he had an accident, your policy probably wouldn't pay out and the policy could be dropped. Oh, the ramifications of that could get to be a nightmare -- for both you and your mom. I suggest you read your mom's policy and find out what it does and doesn't cover. Then, if you have further questions, talk with an insurance agent.
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08-06-2007, 03:42 PM | #20 |
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thanks for your help man. my situtation with insurance is this. the car is registered under my mom's name. my mom never put me on her insurance program so my name isn't even there. so i just pay off the ticket points are on my license and parent's insurance is same?
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08-10-2007, 07:37 AM | #21 | |
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It's $100 every year for 3 years. Or pay $300 in full and not worry about paying it for the next 2 years.
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08-10-2007, 07:42 AM | #22 | |
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Yes you mom's insurance preimums will go up when they find out about the ticket on your record at renewal. Points are assigned by the DMV for their points system. Insurance companies have their own points system and it's different from the DMV. However the insurance points are a deciding factor in your preimum. The DMV points are for license suspensions and record keeping. As for the friend driving the car thing, whoever was behind the wheel when the cop pulled over, will get a ticket since he/she was in command of the car and takes responsibility for it. As for accidents, they fall on the regiestered owner's insurance.
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