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Blk/BlkGS6
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Discussion Starter · #1 · (Edited)
this F*cking sucks man, this is my first ticket, im only 18.......:mad:

ok this is on a street at a stoplight in a residential neighborhood.....................i was at a stoplight behind this pickup truck and he had his LEFT turn signal on...........................light turns green so i went to the right turn lane to pass him and as im passing him he GOES striaght instead of turning!!! so i had to speedup in order to not hit him and i passed him..........................cop is right tehre at beginning of next block, pulls me over..................he says license, registration, insurance card...............................i was like can u tell me what i did? he was like u wanna take a guess pal? come on i dont have all day! (acting like a real dick).....................i gave him the stuff, i was like that guy had his left turn signal on.......he said "oh yeah, did he?" and then he went and wrote the ticket, he came back...........he said i was gonna give u reckless driving, a misdeameanor...........but i have to go make an arrest so im giving u "unsafe passing".................................

*sigh*, *** man im so pissed...........i dont even think it was my fault.........................i was already going around him and he decides to go straight instead of turn..........i had to speedup and pass him in order to not hit him.............almost like an emergency manuever?? and that was his fault too!!.............its his F*cking fault he gave his left turn signal and went STRAIGHT....................

so why is that "unsafe passing" on my part.......................

anyway i didnt even get to explain all this to the cop, i told him before he went to write the ticket that the guy had his left turn signal on........and that was it, because he was just like oh yeah, did he? and he went............and when he came back he said all that crap about im giving u unsafe passing instead of reckless driving.....................i just didnt say anything, i guess i should have tried to explain................

court date is may 28th, 9 am..................................during school too............F*ck man, my insurance is gonan go up, my dad is gonna kill me...........................

what do u guys think??? was it really unsafe pasing?? should i try to explain everything to the judge and plead not guilty?? is there any way i could get it reduced or dropped? will my insurance go up?? do i have a chance of saying not guilty and getting off??
:mad:

:(..............please help......................
 

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Well, I'm not sure if I'd bother arguing this one cuz it's gonna be hard to win. The judge is gonna say something along the lines of "just because his signal was on, that doesn't mean you have the right to pass him." I believe the law says that you have to wait til he comes to a complete stop to pass him anyway, so you don't really have a chance with this one. I'd just stay quiet and act like a good boy and hope the judge reduces the fine to a minimum. I feel bad for ya though, it's just tough luck that the pig was chillin right there. Oh well, it happens to all of us.

-GR
 

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in washington we have a thing called a deferred finding. which means if your record is clean prior to the ticket you can use the deferred finding on the ticket. what happens is you pay like 70 bucks and it puts the ticket on hold. if within the next year you don't get another ticket, this ticket gets dropped. but if you get another ticket within a year you automatically are found guilty for this ticket plus the second one you get.

if you don't have that, just ask for it to be reduced. they usually reduce it anywhere from 50-75%, but it will still go on your record.

be sure to check little details on the check too. if the cop wrote down your license plate wrong, the wrong date, the wrong year/make/model of your car, the color, etc you can get it dropped because you could say "this isn't my car, I have blah blah blah not what the cop wrote on the ticket."

good luck man!
 

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i would fight if i were you... if you approach it from the point of safety and needing to pass so as to not cause an accident, i think the judge will listen. most judges that i have come across will at least listen to what happened, and it sounds like you did the right thing (and what i probably would have done as well). good luck,

wally
 

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In NY, especially upstate its handled by Adjudication. No plea bargins, plead guilty or have a hearing before an Administrative Law Judge. See if the ticket has TVB as the court listed. If so your looking at:

Improper passing 3 pts. and approx $80 fine
 

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The Internet has a lot of the individual state traffic codes on line. Find the ones for NY state and see what it says about passing in this situation. Everyone does it, some states allow it and others don't. Bottom line, be prepared and you could convince the judge.

You could also beat this if the cop doesn't show up. In most states you have the right to question your accuser. Call the precint house, find out when his days off are and try and schedule the court date for that time. If he doesn't show, ask the judge to dismiss it. If he does show, think of it this way, he is probably as unhappy to be there on his day off as you were when you got your ticket.

Bob
 

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First things first. Find out if that ticket has points. I don't believe that it does. If it does GO TO COURT. Talk to the cop and the prosecutor. They can and they will down grade it to a ticket to whats called UNSAFE DRIVING which is NO POINTS and your insurance will not go up. TRUST ME!!! I SEE THIS DONE EVERYDAY IN COURT. I DOWNGRAD RECKLESS DRIVING TICKETS I'VE ISSUED ALL THE TIME.
 

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Do not plead not guilty without a lawyer. Trust me. If you do the cop will be so pissed at you for making him wait in court so long your going to wind up being found guilty and they will make you pay THE MAXIMUM FINE plus court costs. Trust me when you go to court the cop and the prosecutor will talk to you and plead the ticket down. The cop will want to plead the ticket down because once the plea deal is set the cop is allowed to leave. OFFICERS DO NOT LIKE TO SIT IN COURT ALL DAY WAITING FOR A TRIAL FOR A TRAFFIC TICKET.
 

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FIND A LAWYER AND GET RID OF IT QUICK. There will still be a chance that the insurance company will not know about it... take DEFENSIVE DRIVING and it will stay off your record and will not affect your insurance. Act fast before it's too late.

Don't be like *cough*ME*cough* and have warrants out for you and have your insurance go up 200 bucks. RIDICULOUS!
 

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THESE PEOPLE ARE ALL FOOLS!

Dont listen to these fools.....take it from me......17 tickets, 4 reckless driving tickets and 3 "unsafe Movements" violations.....ANYWAYS NEW YORK'S DMV is run almost IDENTICAL to North Carolina's...I've lived in both states.....your best bet is to go with the deferred prosecution where they lower the ticket...BUT it IS 2-3 points until youre 21 which means your insurance payment is gonna be higher than your car payment.........NOT GOOD.....next step........HIRE A LAWYER PLEASE!!!!!!!!!!!!!! they DO ACTUALLY know what theyre doing and judges look favorably upeon people with expensive lawyers...........and another thing....ask your lawyer to bounce around your court case for as long as possible and as many different judges and court rooms as possible.....I was charged with SPEEDING TO ELUDE A COP and 7 other charges including reckless driving and DUI and SPEEDING 80/35 bla bla.......My lawyer bounced around 9 court dates in 8 diff. court rooms with 4 diff judges...anyways I was found guilty but it has been 4 months and I have NO points on my license!!! AHAHHA **** that bureaucracy...all that red tape got them all mixed up hahahaha
 

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I don't get what happend, so you were waiting on this pickup, in a residential zone, so I'm guessing it's one lane, not two.

Why did you pass him? If he has his turn signal on, making a left, and you're behind him on a one lane road. Then you have to wait... because he can do something stupid like going straight (which he did!) and cause an accident.

Today in the morning, this van was making a Left turn, I was behind it, one lane residential road, this guy in a Thunderbird behind me, decides to pass him by squeezing through on his right side... well little did he know that a vehicle on the oncoming traffic was making a left turn as well, so he almost hit him..

That's why you're not suppose to pass them on a one lane road when they're making left turns. Is that what you did? Or do I have it all wrong?
 

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yeah...i don't think you have much of a chance to win this one...especially if you passed him in a one lane road on the right side. the judge will say you should have waited to be certain what the driver in front of you was doing and when you saw that he was continuing instead of turning, just to slow down and wait...trust me, a judge will never favor anything when you say you had to "speed up" to pass him so he wouldn't hit you.

i had a similar thing in a way on the highway once, but luckily the cop was understanding. there was three lanes on the highway and i was in the center lane, another identical legend on the right lane, and a cop (which i didn't know at the time) on my left lane. well, the right lane merged into mine and the driver who was on the right continued on the shoulder and must not have realized that it had merged...so i am even with this guy driving on the shoulder and first thing that came to my mind was to floor it hard so as to avoid him hitting me if he didn't see me and realized he was on the shoulder. well right the second after i floored it and cleared the other legend i saw flashing lights. i explained it all to the cop and said that i may have been at fault and should have possibly slowed down, but my main thing was to avoid an accident. immediately when i said that i guess i was wrong what i did, he asked me..."you were wrong?"...and i said yes, but i had to avoid an accident at any possibly cost. he didn't even run my license or anything after that statement, and just told me: "be careful getting back on the highway".

but this was a highway and i was on my own lane...and making your own lane and passing on the right and speeding up will all go against you in court...just bite the bullet and pay the fine, if there are no points.
 

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yep,,,definitely don't plead not guilty without a lawyer present because the cop will be pissed first of all for you bringing him to trial. also if he claims he could have charged you with reckless...not good. i just finished my court on monday. i was charged with 71 in 35. the cop was real mad i was bringing him to trial, saying before court that he gave me the least possible ticket because he could have got me at over 90 in 45, reckless, evading,...his luietenant was there yelling at him while im in the back of the cop car "arrest him!!take him to jail!" so he could have arrested me on 3 charges that night and my liscence would have been revoked. my lawyer said he could beat the 71, but if so, the cop had 6 months to bring up those charges (or maybe just evading, don't rembr specifics). i decided to plead guilty as charged. the other thing you have to think about, if you regularly cruise this area, that cop will bust your cojones for this ALL the time. my lawyer said we'll bring up harrassment charges if this happen to me, but since i semi satisfied the cop hes not too mad ne more.
 

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Blk/BlkGS6
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Discussion Starter · #16 ·
ok thanks for all the replies..................

i guess i really was wrong..............because after the intersection there was only one lane ahead and i shouldnt have went around the truck in the first place, i should have waited for him to turn or whatever........................

but now im still so confused should i plead not guilty or guilty............i doubt im going to hire a lawyer or anything i dont want to spend the money.............................

how can i find out if i can get the deferred presecution thing, where the ticket goes on hold for a year and if i dont get another ticket, it gets dropped............................???

also how can i try to get the fine and the points reduced?? or try to get it reduced down to unsafe driving with no points and no insurance raise.................do i say im guilty or not guilty?? and do i get information about traffic school before the trial or after?? the trial is set already, the cop gave it to me right then, its may 28th, 9 am.............tuesday.

i havent even told my dad yet...................please give me advice guys, whats the best thing i can do now.......???? :(
 

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LEgEnD4LiFe said:
also how can i try to get the fine and the points reduced??
From my own personal experience here in Cali, the way I would handle (if you have decided not to fight it, and I wouldn't fight it if I were you) is to go to court and be an excellent respectful little boy who the judge can do nothing but feel sorry for. This is how I got my speeding ticket reduced to the minimum fine. This is also how my friend actually got his stop sign ticket dropped altogether. If you end up just getting the ticket reduced, then take traffic school and you won't get any points on your record at all so your insurance won't go up. That's just what I would do if I were you, others might have some better ideas and be more familiar with the law in New York. In any case, best of luck to ya man.

-GR
 

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GenIILegend said:

From my own personal experience here in Cali, the way I would handle (if you have decided not to fight it, and I wouldn't fight it if I were you) is to go to court and be an excellent respectful little boy who the judge can do nothing but feel sorry for. This is how I got my speeding ticket reduced to the minimum fine. This is also how my friend actually got his stop sign ticket dropped altogether. If you end up just getting the ticket reduced, then take traffic school and you won't get any points on your record at all so your insurance won't go up. That's just what I would do if I were you, others might have some better ideas and be more familiar with the law in New York. In any case, best of luck to ya man.

-GR
in addition, if possible, plead "No Lieu" (sp?) pronounced No Low.
Reduced to no points, pay the fine, have a nice day.

Kind of a "I didn't know better" type of deal.
 

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FutureX 2001 should have told the story!

LOL Yo I could not peace it together until......FutureX 2001 Said a few words. Now I can vison the situation.

I feel if it is against the law to pass on the right, in the intersection then the driver who did that is wrong.

LEgEnD4LiFe did you peel out? Maybee the Cop saw him Drive too fast out of there breaking a small speed limit then deciding to stop you.
Really, even if it was against the law to over pass in the intersection, the other driver changed his mind and that is nothing you can really do about it. I would say you waited but the very last second the guy change his mind and you over pass him avoiding hitting the driver that could not make up his mind.

Its your first and I think you should fight it.

BTW New Yorkers do this all the time and One Time The light was red and about to turn to green and 2 cars pass me the very min it change colors. One on the left and one on the right! (Brooklyn, Linden BLVD single Lane)

New Yorkers Pass on the right at a light just to pass you and If you speed up,, (I love to speed up) They BReak before they hit the parked car ahead!
 

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plead guilty with an explanation...they might reduce it and the judge will give you the minimum fine. if you want points reduced take defensive drivers course, it drops insurance premium too.
 
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