My First Speeding Ticket, in NY No Less

[heeshung]

As they say, there's a first for everything. One came today in the form of a ticket.

I've never been pulled over, or gotten a ticket...until today.

It definitely seems like the end of the month; I saw nine state troopers on a 120 mile stretch of interstate that rarely sees even one.

I had already spotted two speed traps way before I reached them, and skirted past both of them just fine. I'm usually a very cop-concious driver, probably why this is my first ticket. I'm very wary of "U-Turn points" on the highway and slow down before them, and usually drive with a pack going the same speed. However, I-90 traffic can get very sparse. On top of that, I'm driving a car that I've never driven before (friend was too tired to drive), and found myself constantly inching up to 80-90MPH without realizing if I didn't constantly check the speedometer. I was also in the midst of a couple work zones that were devoid of road workers with equipment and cones moved out of the road and might've been in a 55MPH zone; I'm not sure.

I was in the process of passing a car when I suddenly noticed the two cars ahead of me change to the right lane. At that point, I was aware I was going 79/80. Instinctively, I glanced in the rearview and a state trooper was on my tail. I immediately flicked on my blinker to get to the right lane, and as soon as I did, he turned on his lights. The officer told me I was going 78-79 and that he'd put me down for 75. I thanked him and he was on his way. From when I pulled over until when I got back on the road, it took a maximum of ten minutes, maybe even five. I was surprised how efficient he was. I wonder how many cars he's pulled over in NY with CT plates and a driver with a Jersey license.

Anyone know how much speeding fines are in NY?

http://horriblephotography.com/albums/Misc/IMAG0049.jpg

[mirrodie]

IIRC, you are looking at $125 plus a $300 vehicle driver assessment fee.

[PhilDernerJr]

Yikes. Mario are you sure? I can't imagine a "simple" speeding ticket actually costing $425. What's the assessment fee? I never heard of that.

[T-Bird76]

I'd def go to court and take the chance the officer will not show so the ticket is thrown out. I would have also told the Officer when he pulled you over that you were doing no more then 55 and he was mistaken. The cost of the ticket is nothing compared to what your insurance rates will go up per year. I'd def go to court and see if it can get thrown out.

[mirrodie]

I dont recall my actual fine, as I last got a speeding ticket back in.....prior to 2005. I was living in Queens and got nailed for speesding on the Clearview Expressway.

I didnt fight it b/c at the time, I simply did not have the time to. I paid the fine, which was around $100. But at the time that I got it, NY had JUST added a $300 Driver assessment surcharge that went into effect a month prior the ticket.

So unless that law was changed, you're looking at a fine plus $300.

As Tom said, I WOULD fight it and aim to get it reduced.

http://articles.moneycentral.msn.com/In ... icket.aspx (http://articles.moneycentral.msn.com/Insurance/InsureYourCar/ItPaysToAvoidaSpeedingTicket.aspx)

[cancidas]

IIRC, you are looking at $125 plus a $300 vehicle driver assessment fee.
plus points...


Yikes. Mario are you sure? I can't imagine a "simple" speeding ticket actually costing $425. What's the assessment fee? I never heard of that.
just another way for the state to make money. not sure how it works, my experience has been $100 per point.

[mirrodie]

I dont even recall the points since i take a Defensive driving course and that wipes them out.


ButI do recall that $300 tack on vividly. Reason being that you could pay it in 1 shot or in 3 installments. I chose installments, hoping they'd screw it up and I'd get lost in the system. Didnt happen 8)

BUT you can fight and win. I fought a minor ticket, my inspection expired and less than 24 hours later, I got a ticket in Astoria. Got the car inspected the next day, sent all documents with a letter and the ticket was dismissed.

[moose135]

plus points...
Not sure if he get points - he said he has a NJ license, it would be up to them.

BTW, NYSDMV does not record out-of-state violations committed by NY-licensed drivers in other jurisdictions, except for alcohol or drug-related violations, and moving violations committed in Quebec or Ontario (due to a special agreement between NY and those provinces.)

[heeshung]

I don't know about my NY record, but in NJ, I would get two points for my moving violation in NY.

From the NYS DMV,

You must pay the driver responsibility assessment if any of the following incidents occur:

* you are convicted of an alcohol-related traffic violation and the violation occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or
* you are convicted of a drug-related traffic violation and the violation occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or
* a DMV hearing determines that you refused a chemical test and the refusal occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or
* you receive six or more points on your NYS driver record during a period of 18 months and the violations occurred in NYS, Quebec or Ontario on or after November 18, 2004.


I don't violate any of those; is that the same assessment?

[mirrodie]

From

http://www.nydmv.state.ny.us/drp.htm


first para:

A change to the NYS Vehicle and Traffic Law requires drivers who are convicted of specific traffic violations to pay an assessment to the DMV. The Driver Responsibility Program applies to all drivers who operate, or operated, a motor vehicle in the State of New York, regardless of the state the motorist is licensed in. The purpose of the Driver Responsibility Program is to prevent the repeated behavior of problem drivers and to improve traffic safety.

[cancidas]

Not sure if he get points - he said he has a NJ license, it would be up to them.

BTW, NYSDMV does not record out-of-state violations committed by NY-licensed drivers in other jurisdictions, except for alcohol or drug-related violations, and moving violations committed in Quebec or Ontario (due to a special agreement between NY and those provinces.)
strange, because a buddy of mine got points on his CA license for speeding in NY and VA. i was charged a drivers assessment fee for a stop sign ticket i got in CA. not sayin' you're wrong just that my experiences point in the opposite direction.

[moose135]

strange, because a buddy of mine got points on his CA license for speeding in NY and VA. i was charged a drivers assessment fee for a stop sign ticket i got in CA. not sayin' you're wrong just that my experiences point in the opposite direction.
It is up to the individual states - apparently CA does record violations on their drivers that happen in other states. Did NYS charge you the fee, or was it CA? Did you get points on your NYS license for the CA ticket?

Here is the info, direct from NYSDMV:
http://www.nydmv.state.ny.us/dmvfaqs.htm#tickets

If I get a ticket for a moving violation in another state, do I receive points on my NYS driver license?
The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. Under special agreements, traffic convictions in Quebec or Ontario are recorded on NYS driver license records and carry points. Except for violations in Ontario and Quebec, points are not added to your NYS record for out-of-state violations.

[cancidas]

strange, because a buddy of mine got points on his CA license for speeding in NY and VA. i was charged a drivers assessment fee for a stop sign ticket i got in CA. not sayin' you're wrong just that my experiences point in the opposite direction.
It is up to the individual states - apparently CA does record violations on their drivers that happen in other states. Did NYS charge you the fee, or was it CA? Did you get points on your NYS license for the CA ticket?

in both cases NY charged the fee. yes i received points on my NY license for the CA ticket, though it was 2 instead of 3 given here.

[Traffic Lawyer]

This is only a 3-point speeding ticket. In New York, 1-10 points over is 3 points (yours is a 75/65). 11-20 is 4 points, 21-30 is 6 points, 31-40 is 8 points, and 41+ is 11 points.

The Driver Responsibility Assessment Fee (DRAP) penalizes drivers for three years when they accumulate 6 or more points within an 18 month period or are convicted of an alcohol or drug related offense. The defensive driving class will not avoid the DRAP.

Motorists with an alcohol or drug-related offense must pay $250/year for three years, and motorists with 6 (or more) points within 18 months must pay $100/year for three years for 6 points plus $25/year for three years for each additional point.

I hope this clears up some of the misconceptions written in this string.

Feel free to email me with specific questions or for advice.

Best,

Matt
http://www.nytrafficticket.com

[PhilDernerJr]

Matt, welcome to the site. Considering your useful contribution to the conversation, I don't mind the plug!

Looks like Mario was caught speeding more than once. ;)

[mirrodie]

The Driver Responsibility Assessment Fee (DRAP) penalizes drivers for three years when they accumulate 6 or more points within an 18 month period or are convicted of an alcohol or drug related offense. The defensive driving class will not avoid the DRAP.


So it looks like Mario was going at a nice clip on the Clearview Expressway that day :mrgreen: That explains 6 pts right there.


I still enjoy my speeding. I just do it when the coast is clear and in spurts. Love to accelerate.

[Traffic Lawyer]

Matt, welcome to the site. Considering your useful contribution to the conversation, I don't mind the plug!

Looks like Mario was caught speeding more than once. ;)

Thanks Phil. My pleasure to help. There were a few inaccuracies in this string which triggered me to set the record straight.

And Mario, be careful. If you are convicted of three speeding tickets within 18 months, it is an automatic revocation of license for 6 months.

Matthew Weiss, Esq.

[mirrodie]

First, thanks for hte clarification, Matt.


Looks like Mario was caught speeding more than once.

Nope. Only about 2 tickets in over 15 years. But I think I was doing 81 on the Clearview.....so that was a 6 pointer right there. I figured since it was called the Clearview...... ;)



SO.....its a been a busy week here.....

new update. A week ago today, I had a day off with the kids by myself....same as today actually. So I took the kids in to see Mommy at work as a surprise. Afterwards, I took them to a beach in Huntington.

I was in an exploratory mood so we ventured forth to Hobart beach in Huntington. I found that it was a complete Pain in the tush to get to and its easier to get to Gilgo from now on.....

but back on topic, the route to Hobart beach is 2 lane narrow streets and the posted limit was 30.
Its north of Northport village for those of you who know where that is.

Wouldnt you know it but as soon as the car ahead of me turned, I sped to 45 and as I neared the crest of a hill, I see an SUV with a man popping out on the opposite side. I realize he's a cop and he hand motions me to the side....

"Dont you know you were going 45 in a 30?"

"Im sorry but I didnt see a posted limit." ...Dumb mistake in saying sorry....

"license and registration." He walks back across the street to his SUV....

As he sits inside, I yell across the way, "Would it be too late to ask for a warning?..."

"What?"

"Would it be too late to ask for a warning?"

He cracks a smile and says, "Now why would I want to do that?"

Well....I wasnt expecting that.... So I paused a few seconds and responded...

"It's just that its my day off with the kids before the holiday, you know?"

"....OK. Lets see;"


5 long minutes go by.....You ever notice that time goes slow when you are a kid, faster as an adult... but when you're pulled over by a cop, its slows to a crawl once more???

"You got a clean license?" I pause. its been at least 5 years since my last ticket, so its really a question of relativity.

"Yes."


A few more minutes trickle by and he walks back across the street and hands me this, saying, "Look, I was going to give you a warning anyway but next time, dont ask the cops for a warning b/c it just tends to get them angry." Wow, so a warning and good advice to remember. Thanks!

http://www.nycaviation.com/hosting/IMG_1251-11.jpg


We bid each other a good weekend and that was that. The rest of the way to Hobart, I put the friggin truck into cruise control at 30 and everyone rode my bumper. So that said, although I live in huntington town, from now on, its the south shore beaches for me. Faster to get to via highways.

SO.....the question of relativity, IS my license clean if I have not had a ticket in 5+ years?

[GrummanFan]

Oh dear, Asharoken...sorry to hear. They will pull you over if you are doing 31. Not very friendly to outsiders, usually. I'll take my motorcycle out to Hobart on occasion because it's pretty deserted in the evening, but keeping it at 30 is a quite a difficult thing to do. Check out their entry on this website:

http://www.angelfire.com/ny/davekappesq/speedtraps.html

[T-Bird76]

So it looks like Mario was going at a nice clip on the Clearview Expressway that day :mrgreen: That explains 6 pts right there.


I still enjoy my speeding. I just do it when the coast is clear and in spurts. Love to accelerate.

I'd use that as your next defense ;)

Sincerly
Tom Alfano, BA, MBA, BS in BS.

[cancidas]

SO.....the question of relativity, IS my license clean if I have not had a ticket in 5+ years?
love the story, for some reason i could honestly picture your convo. i'm not sure if can say you have a clean license if you've had even one ticket, but not being penalized in 5 years would probably be fair to say.

[NIKV69]

SO.....the question of relativity, IS my license clean if I have not had a ticket in 5+ years?



Last I heard it was 40 months. I can ask my mom she would know.

[mirrodie]

No joke. Seriously, if I had any thoughts of moving to Ashroken, the driving alone would kill it right there.

Nick, please ask.


Very interesting link. I learned quite a bit!

[NIKV69]

Nick, please ask.


Mario if you haven't been convicted of a moving violation in 60 months your license is clean but I will ask her next time I speak to her.

[mirrodie]

Thanks. I figured 5+ years was a very safe bet.

And on top of that I usually do my defensive driving (whether or not I needs a point reduction.)

GLad to see the officer was understanding though. And surprised to get advice too!

[PhilDernerJr]

I can't believed you asked him for a warning. haha

[NIKV69]

Thanks. I figured 5+ years was a very safe bet.

And on top of that I usually do my defensive driving (whether or not I needs a point reduction.)

GLad to see the officer was understanding though. And surprised to get advice too!

The two agencies that scrutinize your driving record are NYS and your insurance company. The more powerful of the two, NYS gives you 11 points in an 18 month period. If you get 12 points in any 18 month period you lose your license. You insurance company considers points you have within a 36-39 month span and of course can effect your premiums.

[PhilDernerJr]

For a State that seems to be so anti-planespotting, New Jersey sure does love taking photos of my airplane registration vanity plate!

I got a letter in the mail from EZ Pass because it apparently didn't read my EZ Pass on the NJ Turnpike recently. I'm fighting it because I had it all set up and there should not have been a problem.