First Speeding Ticket, and It's a biggie :(

[Clearlynotstefan]

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

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.

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.

[Ranor]

What bike were you on? Im pretty sure a ninjette can't do 90mph in second gear :P Also you're lucky that cop didn't add on those extra 2mph a suspended license would have sucked. Also it is a good thing you stopped for the cop, taking off might have resulted in avoiding a ticked but on the other hand it might have ended up in you wrapped around a guard rail or something...

[Clearlynotstefan]

Originally Posted by Ranor

What bike were you on? Im pretty sure a ninjette can't do 90mph in second gear :P Also you're lucky that cop didn't add on those extra 2mph a suspended license would have sucked. Also it is a good thing you stopped for the cop, taking off might have resulted in avoiding a ticked but on the other hand it might have ended up in you wrapped around a guard rail or something...

Correct, I was not on a ninjette lol. I couldn't run for a variety of reasons. Honestly, the road was pretty clear, and call me crazy, I do think I would have gotten away, but it goes beyond that.

I spent much of my life addicted to serious drugs, I've been through some really grimey, miserable life experience, and I've been a scum bag before. I've cleaned my life up a long time ago, and I've grown in to a different person, I feel that a high level of morality is a big part of maintaining that. I didn't stop doing heroin to START running from the police. Screw that!

[the big mike]

respect

[sombo]

+1000

[azimmer11]

8 points o.o

[OGjackafidy]

What kind of bike were you on

[JLinde1339]

Based on what you posted A, you've got a lot to deal with (ask me how I know). First, check the ticket to see where you have to answer to. TVB is the local traffic courts in most major metropolitan areas of new york state (some of LI, all of NYC, Rochester and Buffalo). If convicted of 95 in a 55, that's a 40+ ticket, so you may be set up with a DMV hearing (separate from the court trial) in which you may be subject to a license suspension for "excess speed". Aside from that, and any fines levied by the court, those 8 points will put you into the NYS Driver Responsibility Assessment category, where you basically will have to pay NYS DMV money (8 points = $450). You definitely want to know that down in court if you can. If the lawyer can work it down to the 10-20 mph over the limit, you'll only get 4 points. Assuming you haven't received any other tickets within 18 months that also carry points, you'll avoid the DRA. If you get it below 40+, you'll also avoid the DMV hearing.
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[LazinCajun]

Ouch.

+1 on respect for owning up and taking responsibility, hope it all works out for the best. Keep us updated!

[Jiggles]

Maybe you should just ride the ninja from now on

[ninja_sleeper]

too many words.

[Clearlynotstefan]

Originally Posted by JLinde1339

Based on what you posted A, you've got a lot to deal with (ask me how I know). First, check the ticket to see where you have to answer to. TVB is the local traffic courts in most major metropolitan areas of new york state (some of LI, all of NYC, Rochester and Buffalo). If convicted of 95 in a 55, that's a 40+ ticket, so you may be set up with a DMV hearing (separate from the court trial) in which you may be subject to a license suspension for "excess speed". Aside from that, and any fines levied by the court, those 8 points will put you into the NYS Driver Responsibility Assessment category, where you basically will have to pay NYS DMV money (8 points = $450). You definitely want to know that down in court if you can. If the lawyer can work it down to the 10-20 mph over the limit, you'll only get 4 points. Assuming you haven't received any other tickets within 18 months that also carry points, you'll avoid the DRA. If you get it below 40+, you'll also avoid the DMV hearing.
Posted via Mobile Device

almost everything you said was correct. The brackets however are 21-30, 31-40, 41-50+
So I got lucky on that one, everything else is perfect though, stupid driver assessment fee.
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[Heed]

Just allow yourself more than plenty of time from now on. I know it's cheesy, but I have a habit of getting to wherever I need to be about 15 minutes early.

If I start work at 5:00, I'm in the building at 4:45. lol

You're lucky, though. It sounds like you got a nicer cop.

[JLinde1339]

I was generalizing, but you're right on the brackets. However its slightly more complex. Example, the 21-30 bracket actuall starts above 20 (ie 20.1 mph). How is that?!? Who does thenths of a mph?!? Actually, Canada does. In the conversion from kph to mph, there can be decimal places on a speeding conviction. So all you NY drivers, tickets in Ontario or Quebec will go on your record and you'll see some funky numbers coming out of DMV. So in reality, the bracket is "anything above 20 mph to 30 mph over the limit".
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[Bunker]

I too live in NYS, but am upstate... cops here give no breaks. Sounds like you have learned a good lesson... good luck, and i hope you get it reduced. Try taking a defensive driving course prior to your hearing, and explain that you have learned through the NYS approved class that what you did was wrong. I think it also takes 2 points off your driving record, which wont hurt either. Bunker

[Blackwidow]

1. what is a TVB?
2. are you in a band? lol i ask cuz i know a guy that lives in Long Island and his name is stefan...
3. when do you have to see the DMV...person?
4. good luck I heard they are hard asses.
5. hope you get out of it.

[CC Cowboy]

Originally Posted by ninja_sleeper

too many words.

I agree, I stopped after the 90 in second gear part.

[ducducgooseit]

drama

[Blackwidow]

i take my number 2 question back...didn't pay attention to your screen name..lol

[Clearlynotstefan]

Originally Posted by Blackwidow

1. what is a TVB?
2. are you in a band? lol i ask cuz i know a guy that lives in Long Island and his name is stefan...
3. when do you have to see the DMV...person?
4. good luck I heard they are hard asses.
5. hope you get out of it.

2) actually, I am...who are you!?lol

[Xoulrath]

Damn, sucks about the ticket, but at least you get to keep your license.

I was kinda hauling ass home today from class. BORING day..World History and Art History...I can not stress how much I hate these classes. I just wanted to get home and most of the traffic was moving quickly. Well, I come upon a nice left-hand sweeper and I'm just rolling on the throttle in third and next thing I know I'm doing 90.

I figured if I got pulled over I'd just say, "But officer! I had to keep a 40/60 weight distribution, sir!" Nah, that may piss him off. Guess I better slow the hell down.

Thanks for posting to keep me honest. Damn bike makes it too easy to move. I'm almost back to being like I was in my twenties with my cars. Thank god I didn't have a bike back then. My wife is totally right, I probably would have killed myself.

Anyway, good luck trying to get this thing reduced and be careful since pretty much any offense will probably put you over on points.

[rusninja]

Gxsrs have alarms that tell police when your speeding :P

[JLinde1339]

Seriously, try to get it reduced. The TVB judge can impose a permissive suspension or revocation against your license if they really want to. NYS law gives them authority to suspend anyone for a number of reasons. Then you'll be dealing with my office...
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[kcaja1]

On the side note I did 95mph for the first time today in HOV (carpool) lane this morning heading I-95N in DC area. I got some tail wind but I didn't tuck in. I was trying to see what is the max speed I can get out of this little bugger. The speed limit is 70 and 65 along the way and normal speed for cars is 75-80mph.

[Blackwidow]

Originally Posted by Clearlynotstefan

2) actually, I am...who are you!?lol

your dream come true, or your worst nightmare...depends on how you want to look at it. lol

[Clearlynotstefan]

Originally Posted by Blackwidow

your dream come true, or your worst nightmare...depends on how you want to look at it. lol

No but seriously, have we met?

[Blackwidow]

i dunno, you don't have any pics up so i dont' know if you're the stefan i know or not. You see my pics...am I the girl you know? The Stefan I know would know right off the bat who i am just from my name.

[Jesse8931]

Are we supposed to feel sorry because you were reckless and endangered others ?

97 in a 55 I think you got off easy.

[kingkang204]

Originally Posted by Jesse8931

Are we supposed to feel sorry because you were reckless and endangered others ?

97 in a 55 I think you got off easy.

Give the guy a break, I am sure most of us have sped excessively at least once in our life. Look how he has turned around his life and the fact that he owned up to his mistake.

[nickjpass]

A 250 can do 90 in second gear? I read the whole post (stop complaining about "to many words") and I'm confused lol. I thought to myself this was the same as the bubble wrap story, then I thought it was real.

[Alex]

He wasn't on a 250.

Originally Posted by Clearlynotstefan

Correct, I was not on a ninjette lol.

[kingkang204]

Originally Posted by nickjpass

A 250 can do 90 in second gear? I read the whole post (stop complaining about "to many words") and I'm confused lol. I thought to myself this was the same as the bubble wrap story, then I thought it was real.

NOS Energy Drink in the gas tank = Instant HP gain
http://www.gixxer.com/forums/showthread.php?t=226570
^ A Classic

[rusninja]

Originally Posted by nickjpass

A 250 can do 90 in second gear? I read the whole post (stop complaining about "to many words") and I'm confused lol. I thought to myself this was the same as the bubble wrap story, then I thought it was real.

what are you on.

[Clearlynotstefan]

Originally Posted by Jesse8931

Are we supposed to feel sorry because you were reckless and endangered others ?

97 in a 55 I think you got off easy.

Does the general tone of my post cry for sympathy? I don't think so. I'm sorry you feel I endangered others, but do you know the scenario? How many cars were on the road? I accelerated to pass a dump truck that was pelting me with gravel, a dump truck that's not even supposed to be in the left lane to begin with. 30 seconds earlier or later, and I would have been going the generally accepted 80 mph. That's not an excuse, sometimes that's just the way the cookie crumbles. For those 100 feet, I was speeding in excess, and I got caught. But I can tell you this. If I did exactly what I did, 1000 times again, Not one member of the public would be endangered, not even once.

[Tony B]

No mudflaps on the truck ? They're a legal requirement over here, that's a bummer, you might have stayed put.

[sombo]

Originally Posted by Tony B

No mudflaps on the truck ? They're a legal requirement over here, that's a bummer, you might have stayed put.

Mudflaps don't prevent the gravel in the bed of the dump truck from being flung out by the air passing over the truck and pelting those behind it.

[Jesse8931]

Originally Posted by Clearlynotstefan

Does the general tone of my post cry for sympathy? I don't think so. I'm sorry you feel I endangered others, but do you know the scenario? How many cars were on the road? I accelerated to pass a dump truck that was pelting me with gravel, a dump truck that's not even supposed to be in the left lane to begin with. 30 seconds earlier or later, and I would have been going the generally accepted 80 mph. That's not an excuse, sometimes that's just the way the cookie crumbles. For those 100 feet, I was speeding in excess, and I got caught. But I can tell you this. If I did exactly what I did, 1000 times again, Not one member of the public would be endangered, not even once.

It doesn't matter you broke the law and got off easy.

[n4mwd]

Originally Posted by Clearlynotstefan

Does the general tone of my post cry for sympathy? I don't think so. I'm sorry you feel I endangered others, but do you know the scenario? How many cars were on the road? I accelerated to pass a dump truck that was pelting me with gravel, a dump truck that's not even supposed to be in the left lane to begin with. 30 seconds earlier or later, and I would have been going the generally accepted 80 mph. That's not an excuse, sometimes that's just the way the cookie crumbles. For those 100 feet, I was speeding in excess, and I got caught. But I can tell you this. If I did exactly what I did, 1000 times again, Not one member of the public would be endangered, not even once.

When you get to trial, tell them that you feared for your life because an illegally equipped truck that was illegally in your lane was pelting you with rocks and you sped away to escape a certain death.

Just so you know, there are idiots out there that think that if you do 1 mile over the limit that you are somehow endangering others - and some of them work for the DMV.

[JLinde1339]

Just so you know, no one who works for DMV makes the laws that the DMV is required to enforce...
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[n4mwd]

And also, what you have is a crap shoot with the courts. You never know what you are going to get until you get it.

I was in traffic court one time and a guy ahead of me said "I was passing another car and had to go a little faster than the limit in order to get around him in time." The judge then said, "Ok, so you admit your guilt. Next case!"

I actually won my case, but it wasn't easy. Just so you know, traffic court isn't real court and you haven't been accused of a crime. Speeding is an infraction on the terms of your driver's license agreement. Everyone who gets a speeding ticket has the option to burn their license and never drive again and avoid paying the fine, but nobody ever does that.

Just understand that because its not a real crime or real court, you are presumed GUILTY until you can prove yourself innocent. And more specifically, you are presumed to be lying while the cop is presumed to be telling the truth. Its your job to prove otherwise.

The fear for your life excuse is probably going to be your best bet.