QuestionTerry - I have been a very responsible driver for 20 years. Not one ticket. Then I got a speeding ticket in NYC for going 62 in a 30 mph zone, and 2 months later on the Long Island Expressway I got another ticket for going 80 mph in a 55 mph zone. I have not had a ticket in at least 20 years, more like 22 or 23. The court date is coming up on the first one and I was wondering if you have any advice. I know you are a California expert but any advice you have I am scared out of my wits. It's been a really long time since I was in front of a judge and I am losing a lot of sleep over it.
AnswerHi Jose. Sorry I had missed your question. I was out of the country at the time.
Wow… why or what happened that caused you to violate the speed limits? ... It seems this is not something you are known to do.
Firstly, unless there is a very good reason for the excessive speed such as a limit sign down or foliage covering the sign, or driving to the hospital for an emergency, I do not believe you will have much sympathy from the judge.
Secondly, while laws are different from state to state, traveling over twice the posted speed limit usually does carry a far more serious penalty (In the first violation).
Thirdly, it will also depend on whether the ticket was written for violation for the posted speed limit (prima fascia) or driving at an unsafe speed, as the latter usually also has a stiffer penalty.
Fourthly, this may not be considered an unusual occurrence as you have received two violations within 1 single quarter of a year.
Although every state and every court is different, some things never change. Judges are usually accustomed to people giving ridicules stories as to their innocence and justices really dislike being lied to. I recommend you tell the judge the absolute truth and tell him/her how sorry you are and that it will never happen again. Make sure you include your spotless driving record.
Depending on the state, many judges can and do reduce the penalty. The whole idea of this system is to correct the behavior of drivers concerning obedience to traffic laws. Sometimes a stern warning will work; other times a financial penalty works, or worse….. The judge is only concerned about the rehabilitation of the violator.
If you do not reside in NYC and were traveling through, then the violation will not be seen on your driving record. This is because out of state infractions are not reported to another states DMV. This also means your insurance will not be advised. If you are a NY resident, then ignore what I just said. In this case, request traffic school. Many states allow the violation(s) to be removed from your record when you attend one.
As to being “scared out of your wits”, relax…. They are not going to place you in jail or place you on probation. You will no doubt receive a financial penalty and will be given time to pay it off should it be more than you can afford at the moment. The judge is a person just like you with a different job. Just be honest, forthcoming with the facts and show how this isn’t what you’re known for.
I wish you well. If you have any other questions, please do not hesitate to ask.
Terry
