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EutaNepaliKeto
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Posted on 09-08-16 12:06
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Hi Guys, Hope someone has experience handling this kind of situation. My driving license is from Texas. I was recently driving on the highway in New York and was pulled over for speeding. The speed limit was 55 and officer said radar showed my top speed to be 70. When the officer asked me if I knew the reason why I was stopped, I said maybe I was speeding and I didn't know the speed limit. He handed me the speeding ticket and said if I say I am not guilty need to appear on the court which is not possible as I live in Texas. If I sign it saying I am guilty, it's going to be on my driving record. This is my first speeding ticket and my license is new (less than 1 year). So, can you guys suggest me what would be the better way for me to handle this situation? Any suggestion will be highly appreciated.
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SuperSixNine
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Posted on 09-08-16 12:57
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There is first time for every thing, right! So, no worries, if you drive a vehicle, you will get ticket at one point or another. There are simply 3 options: Fight the ticket by going to the court Admit Guilt - Pay the fine. The incident remains on your driving record for certain time. Admit Guilt - Agree to driving probation and take safe driving classes (like Defensive Driving) - the incident does not appear on your driving record and you pay lesser fine. But you will have to pay additional court costs (in TX it is about $100 for traffic violation cases) Simple mistakes on the ticket issuing officer's part such as wrong spelling name on the ticket or improper car identification (i.e. calling a red car, 'maroon care' etc.) or inaccurate location where you got the ticket (i.e. wrong spelling name of the street etc.) will automatically get the ticket dispensed - if you fight the ticker and appear in court. However, you've stated you live in Texas. You might very likely have to appear at a court in NY to fight the ticket (i say 'might very likely' because I am not sure if NY requires people fighting traffic tickets to appear in courts; in TX it is required. So, research NY laws on this). If NY requires defendants of traffic tickets to appear in court to fight the ticket OR to admit guilt and opt for safe driving classes, it might prove to be difficult for you - living outside of NY. Paying the ticket might remain the only option. But do check with them, and see what options you have in cases like yours - there must be some provisions in place. Good Luck.
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instagram
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Posted on 09-08-16 1:10
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Since its your first case , i recommend not to pay it. Its very unlikely to get it dismissed saying its your first offense; they generally don't care about that. It will screw your insurance and record for 3 year. BTW Where in exactly you got ticket in NY? File not guilty asap ( if its in NYC they just give 15 days time ) and then find lawyer. I have some numbers of NY lawyers. let me know if you need. they will charge you but it will not show in your record.
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Kiddo
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Posted on 09-08-16 1:31
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So you came out first while speeding (what your title says)? Kidding. Forget all the advices, do what Instagram said. Even better, hire a local lawyer from the country/town that issued the ticket. Search for a traffic violation lawyer from that area. Local lawyers have rapport with judges from that area and it always helps. You definitely don't want to plead guilty. Even though your license is from Texas, points could still potentially get transferred to your license because of Driver License Compact (DLC) or other arrangements (driver registry). This means extra work, potential suspension if this happens again and increase in insurance cost. Contact the lawyer asap.
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EutaNepaliKeto
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Posted on 09-08-16 1:37
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Thank you guys for your prompt response. Highly appreciated. @instagram We were driving to Niagra falls from Whiteface mountain. It's written I have until October 25 to response to the ticket. I think there is a simple mistake about my address on the ticket, the officer has written wrong apartment number in my ticket instead of #1602 there's only #1. So, can I use this point to dismiss my ticket? Can you give me numbers of them? I might need them if I decide not to pay.
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instagram
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Posted on 09-08-16 1:49
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Ticket was handed over to you , not mailed so wrong apartment number wouldn't be an excuse. You can try that but I highly doubt on that. and also I guess you can just tick on Not Guilty on ticket , there is no space for reason. So even you said not guilty you have to appear on court. which you can't . so i suggest you to hire lawyer. i can give you number of my lawyer if you want. Talk to him and ask him.
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instagram
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Posted on 09-08-16 1:54
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Btw you were over 15 , so that's 4 points on your Driving license. DON'T EVEN THINK OF PAYING IT . in 10 points your license will be gone (in NY, don't know about texas). I paid 375 to lawyer on same area , same speeding limit (mine was 72 on 55 ) but lawyer changed it to parking ticket !!! I don't think your local lawyer will not take that case, they don't want to fly so far for 1 case, unless you pay plane fare.
Last edited: 08-Sep-16 02:36 PM
Last edited: 08-Sep-16 02:52 PM
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EutaNepaliKeto
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Posted on 09-08-16 2:00
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@instagaram No, it's over 15 and I think will be 4 points. But, I don't want to be on my record. Could you give me the number of the lawyer? Will talk to him and see what would be better.
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Kiddo
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Posted on 09-08-16 2:08
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Wrong information (unless its your license plate no) in ticket is hardly a ground for dismissal, it's an urban myth which is never true. It could be 6 points.
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instagram
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Posted on 09-08-16 2:26
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Ken McCauley, Esq., Attorney Rakesh Joshi, Esq., Attorney (Of Counsel) Law Office of Ken McCauley 113 State Street, First Floor Albany, New York 12207 Tel: 518-406-8330 Fax: 518-406-9933 www.kenmccauleylaw.com
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EutaNepaliKeto
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Posted on 09-08-16 2:32
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instagram
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Posted on 09-08-16 2:49
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My byaad 70-55 is 15. Not 25. Lol Kiddo, its 4 point. I just checked. Still its alot for insurance for 3 years.
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1800-HELP
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Posted on 09-08-16 3:38
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Last edited: 09-Sep-16 10:04 AM
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dash97
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Posted on 09-09-16 10:07
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The speeding ticket doesn't matter at all. Just pay it. Long way to go. Much more coming in future.
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EutaNepaliKeto
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Posted on 09-10-16 1:58
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Does speeding ticket affect the process of I-485?
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ny2
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Posted on 09-10-16 2:18
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No, unless you are arrested for DUI
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chatarpatar
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Posted on 09-13-16 8:46
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as far as i know, out of state citation does not go into your records. just pay it. you can also check TX's RMV website for their law. in my state, out of state citation does not count.
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st0nec0ld
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Posted on 09-13-16 2:15
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pay the ticket and live happily ever after.... unless you wanna go the NYcourt and plead not guilty and try to prove that you were not speeding....... or go the court and the ticket issuing officer doesn't show up and your ticket will be dissolved. just pay and it will be on the record but will go away....
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Nepali Keto 123
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Posted on 09-15-16 12:20
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I think you should look in to what chatarpatar said and research if out of state violation will get you points in Texas. We were recently travelling through New jersey and got a speeding ticket.Obviously it was a big deal coz it would get you 4 points. However, after some research we found out that if you have a license from New York then any out of state speeding violation will not get you any points. Since, we wouldn't be getting any points, my roommate just paid the fine for speeding. If you won't get any points just admit it and pay the fine.
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instagram
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Posted on 09-15-16 12:32
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Guys paying 200 dollar ticket is not big deal. If you can afford road trips to another state then definitely you can afford 200 dollar ticket. But what about insurance? It will show on your history for 3 years. Those who think these speeding ticket will not effect insurance , you are wrong 101%. I will rather pay lawyer 500 dollars instead of paying 200 for ticket and paying 3 yr to insurance company.
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mojaboy
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Posted on 09-15-16 5:30
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see if you can negotiate with the prosecutor on the phone or trial by phone... the most u can say is its your first time.. since they know you are out of state person... they might not care.. you are just a $$$ bill to them... i dont think its worth going for lawyer..specially since u are out of state.. yes your insurance will go up..but it will only stay for 3 years on insurance..
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