Well, It was destined to happen eventually, and all in all it could have been worse I suppose. So, I wasn't going to type up the whole description, but I'm bored so why not.
First let me say, I'm not a regular speeder (at least in excess of +10 the speed limit)...but lets be honest, we all have that day once in a while where we absolutely must get where we are going faster then legally allowed. Today, was that day. Unfortunately, while cruising along the Long Island Expressway, I was yanked.
While the east side of the LIE is usually pretty damn easy to avoid detection, especially at 10am, and I'd be lying id I said it's not the most common road I speed on, Theres not many places a cop can hide beside in broad daylight on the side of the road, and they tend to be tolerant to a degree anyway. Well, anyway, back on track.
So I'm late to class, first class mind you, so I'm going pretty quick to begin with, 80-85? I come up behind a truck with no mud flaps, on a road in which they were doing construction...This thing starts pelting me with rocks and the like, so I say F*!k this, Slide over (of course signaling), and pass him. JUST as I pass him I pass a cop hidden in an overpass, who claims to have clocked me at 97. This, I honestly doubt. I was in second gear, and I would have to strangle the piss out of 2nd to see 100... But I was def over 90.
He pulls me over, very politely asks what the rush is, I explain that I'm a senior at the university, and I was late for class. I mention my very clean driving history, and respectfully ask for leniency while acknowledging that I know I'm not walking away from this one unticketed lol. All in all, it was a very professional polite and even borderline nice convo. He retreats to his old hoopdy crown vic, and returns with a 95 in a 55 ticket. Believe it or not, that 2 mph he shaved, is going to save my ass, although honesty, I was expecting a little more help after our conversation. I apologized and explained that I really must be going, seeing as I'm now def late for class.
I do my research, realizing that I'm now facing 8 points on my license, and call an attorney. He tells me he can get it knocked WAY down, and not to worry, provided it's a criminal traffic court ticket, and not some absurd NY contraption called a TVB ticket (more explanation to follow). Of course, it is indeed a TVB ticket. He scoffs and basically tells me hell try, but I'm likely screwed.
So on to this TVB bullshit. I'm not sure if you have them elsewhere, but here in NY they cover certain parts of Suffolk County, much of the city, and some other random places. The deal as I understand it is that the courts are too busy dealing with real crimes to see speeding tickets, so rather then see a judge in a court of law, the DMV itself handles speeding tickets, I have to see a DMV officiator of some sort (judge?, mediator? who knows!).
In this nonsensical pseudo-court:
I have no ability to plea bargain. So I can not have the charge dropped to say a lesser moving violation. No Pleas, at all, 100% of the time.
The DMV has a lesser burden of proof, rather then having to prove I was speeding "beyond a reasonable doubt", they only have to prove using "Clear and Convincing Evidence" that I was speeding, which is a MUCH easier burden of proof to meet.
Taken from an attorneys web page
Quote:
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Both the officer and you may introduce documentary evidence. Both you and the officer may make a closing statement. After the hearing the Administrative Law Judge will render a decision. The judge need not make any factual determination; he or she may simply find you guilty or not guilty.
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As you can see, this here TVB nonsense, is gonna mess me up BIG TIME.
I've had some bad speeders a very long time ago, went before a real judge, talked with a prosecutor, and had it reduced to a 2 point moving violation, and this was faster then the ticket I got today!
Seeing as I cant plea bargain down, and the tvb only has to prove I was speeding using clear and convincing evidence, and not beyond a reasonable doubt, it basically takes all the cards off my table. Beyond a reasonable doubt introduces questions like what is the officers historical margin of error? When was his last training with a radar gun? When was the last time that particular gun was calibrated? Clear and Convincing evidence takes all that off the table, or at least makes it much much more difficult to get by on such an argument.
All in all, I'm likely going to walk away with 8 points on my otherwise spotless record, my insurance will rise, and those points will follow me for a year and a half, while I'm quite upset...It could always be worse. What I don't understand is how the government can literally outsource the enforcement and judgement of the law to a pseudo-governmental agency like the DMV, which can apparently completely disregard the law and defendants rights, but apparently it can.
As for the speed, if he had written 97, instead of 95, I'd be losing my license. I was ticketed at EXACTLY 40 over the speed limit, an automatic 8 points upon conviction. 41-50+ is an automatic 11 points, and thus, suspension. I guess he helped me out to some degree.
Moral of the story, I don't care how late you are, how important it is, How often you get away with it... If you speed, be willing to accept the consequences.
I'm not going to lie to you folks, I REALLY, REALLY, REALLY considered taking off. When he pulled out I was already at 90mph, and in second gear. I could have hit 160 before he got all four wheels on cement... When I saw that it was a REALLY old crown vic, I was even more tempted! Hell, I could have just stayed at 97 and likely lost him!
The only reason I had the temptation, is it's basically policy out here that if a bike runs, without committing a felony, the police are to call it off once it breaks 120 or so, for the safety of the public. I can't say for sure the validity of this, and I'm not claiming its fact, but I have A LOT of friends that have ran, and they were never pursued. None the less, I'm not the type of person to run from the police. I was speeding, you caught me. Issue the summons, I'll accept what I did wrong, I couldn't bring myself to just gun it and go.
I woke up today with a clean record, and will go to sleep with 8 points. Be careful out there! Why the hell a 4 lane highway freshly paved with an HOV lane is 55mpg I will never understand.
a) Don't flame
b) Understand that 90 on the LIE is the flow of traffic plus 10-15mph
c) Thanks for reading.