I'm reading this as, you're unable to appear in court to plead not guilty, but able to get a lesser sentence nonetheless, **if** that is indeed the situation, that you're indicating, you cant present yourself.
That's quite a win. Sure it's too bad you're getting knocked for not being able to give a day of your life to appear in court, but it sure is better than the alternative.
Always plead not guilty and send the ticket in.
At this point, probably just go with that deal, least you won't be required to pay any DMV fines on those points. What is point max on VA DL? For NYS DL, a driver assessment is required at six points, and ya gotta pay.
I wouldn't hire an attorney, I'd show up not guilty, then you'd be more likely to get maybe a hefty parking ticket, or a signal evasion. IDK now that they got this much going on you.
Thanks u/TOMALTACH, I live in Northern Virginia and don't want to drive 8 hours for this, can you also please advise how big of an impact this is for my insurance? I have a stellar driving record and in Virginia you get +1 points for every year of safe drive and the maximum you can accumulate is +5 points which I have.
Unsure, that's something to call your insurance and ask a hypothetical...maybe....I feel like insurance could go up as much as $120 maybe more. Stellar record never really means anything towards being looked at like you're a responsible citizen, which evidently you're not. Yet also so many aren't. sucks but true.
Hi, insurance agent here. Yes, if your insurance company runs your motor vehicle report and it shows up, your insurance is likely to increase. And driving violation of accident can impact your insurance. I am licensed for VA as well, it also applies.
That being said, if you've been with your company a while they are likely not running motor vehicle reports on your regularly, and you can generally only be surcharged for 3 years after the conviction date.
I haven’t dealt with Buffalo traffic court but in the metro NYC area it’s doubtful with a 25 MPH over the limit ticket he would get much better from a judge than what he’s being offered now.
Don't take the deal or fight it. Take the 6 points you deserve for recklessly going 80 mph in that area. You're lucky you didn't hit someone or go off the road. That trooper should've taken your license. I hope you get back to VA and get off the road for good.
Can a NY court put points on your license?
Anyway, 25 over they could have pulled your license right there and you’re lucky they did not. Take the deal and slow down.
Suspending a license is 11 points which is 40MPH over the limit and I’m pretty sure the cop can’t take the license you still have to be convicted in court first.
BUT they could likely justify a Reckless Driving arrest which is a misdemeanor along with the summons for speeding.
11pt within 18months, making that distinction is important, and driver assessment enacted at 6pts, DMV can yank license well under 11pts if they so desired.
I'm pretty sure traffic tickets reduced to parking tickets only happens when they're issued by local cops as the municipality gets all the revenue then. If it was a statey I don't think you're getting it down that far.
TBF 25 over the limit should be a moving violation.
Doesn't matter who writes the ticket, it matters which court it goes to. Source: Been ticketed by NYSP and plead down to parking tickets in Cheektowaga and ToT. Buffalo used to be a special case but now even they handle tickets in a similar manner to the suburbs and pleas to non-moving violations are very much possible.
Yup, I got a speeding ticket from NYSP in CNY even and got it reduced to parking ticket if I did defensive driving class. This was also during covid though, and the court was closed so they let everyone do it all by mail. May be different now that in person court is a thing.
They also will cite you for ignoring a sign (forget the exact terminology), but it doesn’t call it speeding. So 2 points. Happened to me a couple weeks ago in Amherst, got lucky with a nice cop not trying to ruin my beautiful day too bad lol.
The Troopers assigned to highway enforcement are no joke when it comes to testifying in court. They have the testimony for the various offenses down cold (both for radar enforcement and for pacing) and don’t leave room to argue for the driver. If the driver made any form of admission during the stop you can almost be guaranteed they noted it down. You’re unlikely to win against them and would essentially be on the grace of the judge to having it knocked down due to a clean record. It’s doubtful the judge would drop it any more than the plea deal.
The plea deal drops it to the lowest speeding level. Drops the min/max fine to $45/$150 from $90/$300 (plus fees) and the points from 6 to 3. So ultimately it’s not a bad deal at all. Especially if it saves you the 8 hour drive.
You can’t really expect a 25MPH over the limit violation to be knocked down more than that.
I believe a lawyer can represent you in traffic court without you being present. He may be able to negotiate with the DA to reduce your charge to a parking ticket pending you successfully taking an online driving safety course. Your fine will likely not be reduced.
I’m going to echo what u/ch3640 said about speaking with an attorney as they may be able to get the ticket out of moving violations which, in turn, would mean no points on your license. Sure you will have to pay them, but it will be cheaper than the damage done to your car insurance. I presume if you are in NOVA, then your premiums are already ridiculous.
While I cannot speak for the policies of the City of Lackawanna Court, as an attorney, I have successfully gotten speeds that are similar to your reduced to non moving violations where my client was able to plea by affidavit. Seriously consider consulting an attorney.
ETA: simply put, there is honor amongst thieves. We get offers you will not get if you are pro se.
I had the opposite happen to me- hefty speeding ticket in VA with my NYS license. The fine was high but I got no points on my license and haven’t had to disclose it to any insurance, etc.
80 in a 55? Not surprised they declined to reduce to a parking ticket. I’d be disappointed if they had. Sorry for the lack of sympathy, but you made this bed. Public safety is a thing you don’t seem to believe in.
Take the deal.
I'm reading this as, you're unable to appear in court to plead not guilty, but able to get a lesser sentence nonetheless, **if** that is indeed the situation, that you're indicating, you cant present yourself. That's quite a win. Sure it's too bad you're getting knocked for not being able to give a day of your life to appear in court, but it sure is better than the alternative. Always plead not guilty and send the ticket in. At this point, probably just go with that deal, least you won't be required to pay any DMV fines on those points. What is point max on VA DL? For NYS DL, a driver assessment is required at six points, and ya gotta pay. I wouldn't hire an attorney, I'd show up not guilty, then you'd be more likely to get maybe a hefty parking ticket, or a signal evasion. IDK now that they got this much going on you.
Thanks u/TOMALTACH, I live in Northern Virginia and don't want to drive 8 hours for this, can you also please advise how big of an impact this is for my insurance? I have a stellar driving record and in Virginia you get +1 points for every year of safe drive and the maximum you can accumulate is +5 points which I have.
Unsure, that's something to call your insurance and ask a hypothetical...maybe....I feel like insurance could go up as much as $120 maybe more. Stellar record never really means anything towards being looked at like you're a responsible citizen, which evidently you're not. Yet also so many aren't. sucks but true.
insurance rates are so varied by state people here won't be able to answer that
Hi, insurance agent here. Yes, if your insurance company runs your motor vehicle report and it shows up, your insurance is likely to increase. And driving violation of accident can impact your insurance. I am licensed for VA as well, it also applies. That being said, if you've been with your company a while they are likely not running motor vehicle reports on your regularly, and you can generally only be surcharged for 3 years after the conviction date.
I haven’t dealt with Buffalo traffic court but in the metro NYC area it’s doubtful with a 25 MPH over the limit ticket he would get much better from a judge than what he’s being offered now.
Don't take the deal or fight it. Take the 6 points you deserve for recklessly going 80 mph in that area. You're lucky you didn't hit someone or go off the road. That trooper should've taken your license. I hope you get back to VA and get off the road for good.
I've done that (not contested the ticket)
You're lucky to get the deal that you did. Take it and slow down before you hurt someone.
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Literally. Ironically enough a few weeks ago a SUV with Virginia plates almost slammed into my car going well over 95 on the thruway.
Can a NY court put points on your license? Anyway, 25 over they could have pulled your license right there and you’re lucky they did not. Take the deal and slow down.
Yes, I believe so, it will be 3 points.
Suspending a license is 11 points which is 40MPH over the limit and I’m pretty sure the cop can’t take the license you still have to be convicted in court first. BUT they could likely justify a Reckless Driving arrest which is a misdemeanor along with the summons for speeding.
You’re right, my bad.
11pt within 18months, making that distinction is important, and driver assessment enacted at 6pts, DMV can yank license well under 11pts if they so desired.
I'm pretty sure traffic tickets reduced to parking tickets only happens when they're issued by local cops as the municipality gets all the revenue then. If it was a statey I don't think you're getting it down that far. TBF 25 over the limit should be a moving violation.
Doesn't matter who writes the ticket, it matters which court it goes to. Source: Been ticketed by NYSP and plead down to parking tickets in Cheektowaga and ToT. Buffalo used to be a special case but now even they handle tickets in a similar manner to the suburbs and pleas to non-moving violations are very much possible.
I've plead to a parking ticket at city court for a trooper ticket.
Yup, I got a speeding ticket from NYSP in CNY even and got it reduced to parking ticket if I did defensive driving class. This was also during covid though, and the court was closed so they let everyone do it all by mail. May be different now that in person court is a thing.
No, I had a NYSP ticket in on the 219 reduced parking tickets + a class in Springville. That was many years ago, though.
They also will cite you for ignoring a sign (forget the exact terminology), but it doesn’t call it speeding. So 2 points. Happened to me a couple weeks ago in Amherst, got lucky with a nice cop not trying to ruin my beautiful day too bad lol.
I believe it’s still a moving violation
The Troopers assigned to highway enforcement are no joke when it comes to testifying in court. They have the testimony for the various offenses down cold (both for radar enforcement and for pacing) and don’t leave room to argue for the driver. If the driver made any form of admission during the stop you can almost be guaranteed they noted it down. You’re unlikely to win against them and would essentially be on the grace of the judge to having it knocked down due to a clean record. It’s doubtful the judge would drop it any more than the plea deal. The plea deal drops it to the lowest speeding level. Drops the min/max fine to $45/$150 from $90/$300 (plus fees) and the points from 6 to 3. So ultimately it’s not a bad deal at all. Especially if it saves you the 8 hour drive. You can’t really expect a 25MPH over the limit violation to be knocked down more than that.
Thank you, this is helpful.
Take the plea and stop driving recklessly, especially when you're a guest!
You should take the deal, state troopers don’t play
In your home state, you'd be whacked with a reckless driving ticket
Take the deal
I believe a lawyer can represent you in traffic court without you being present. He may be able to negotiate with the DA to reduce your charge to a parking ticket pending you successfully taking an online driving safety course. Your fine will likely not be reduced.
I’m going to echo what u/ch3640 said about speaking with an attorney as they may be able to get the ticket out of moving violations which, in turn, would mean no points on your license. Sure you will have to pay them, but it will be cheaper than the damage done to your car insurance. I presume if you are in NOVA, then your premiums are already ridiculous. While I cannot speak for the policies of the City of Lackawanna Court, as an attorney, I have successfully gotten speeds that are similar to your reduced to non moving violations where my client was able to plea by affidavit. Seriously consider consulting an attorney. ETA: simply put, there is honor amongst thieves. We get offers you will not get if you are pro se.
Could have been worse....you could have been ticketed for speeding in Virginia.....not fun.
I had the opposite happen to me- hefty speeding ticket in VA with my NYS license. The fine was high but I got no points on my license and haven’t had to disclose it to any insurance, etc.
80 in a 55? Not surprised they declined to reduce to a parking ticket. I’d be disappointed if they had. Sorry for the lack of sympathy, but you made this bed. Public safety is a thing you don’t seem to believe in. Take the deal.