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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 86564
Experience:  Private practice
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My son 20 almost 21 just got a speeding ticket. 96 in 55 -

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My son 20 almost 21 just got a speeding ticket. 96 in 55 - 41 miles per hour over the speed limit. He was being tailgated got nervous and went faster and and faster. The tailgater was the police.

We are in NY the ticket was in Suffolk County NY in Southampton near his school Suffolk Community college. If he loses his licenses it will cost him his job and school that he just started.

He has one other ticket for crossing a solid white line. Again he got nervous when police were behind him.

They say this is an 11 point ticket and he must appear in court.

Can you offer any advise?
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your son's situation. Two questions, please:

1) You state: He has one other ticket for crossing a solid white line. Again he got nervous when police were behind him.>/I>

Was this at the same time as the 96 mph ticket? Or earlier? If earlier, when, and what happened with that ticket?

2) Aside from this, what is his traffic background like - any other charges/convictions?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.


It was about 4 or 5 months ago in a different town, Southold NY. He paid it by mail. Not sure how many points were applied. He has no other tickets has only been driving about a year.


 


He did get in trouble for a fight with his brother when he was 18 the judge expunged it from his record after a period of time without incidence.

Expert:  Ely replied 11 months ago.
Thank you.

Apologies for the wait.

First of all, understand how this works. At this point, he has three options.

Options
1) simply send in the fine (automatic guilty plea), or plead guilty at first appearance and pay the fine; OR

2) plead not guilty and the matter will be reset to trial. If the matter is reset to trial, then you can normally request a jury trial, and retaining counsel is best. Of course, by retaining counsel, you end up paying close to what you would with the ticket.

3) Informal negotiation - we will get to this in a moment.

Prosecutor's Leverage
If this case gets to trial, the prosecutor is likely to call the officer who will make an appearance and explain what he feels happened. He may or may not bring his dashboard camera tape that can also show what happened, if there is one. Normally, the Judge (or Jury, if you have a jury trial) takes the word of an officer over the Defendant.

His Leverage
The prosecutor is normally very backed up. They are handling literally dozens of cases at once. Setting a matter for trial - jury trial, more so - is a serious issue since they have little time to prepare, file the proper motions, and generally make room for the trial to happen.

Negotiation
Recall how I had mentioned negotiation as one of the options. Very often, individuals in his situation are given a "plea deal," if they have little/no traffic record. Individuals in his situation are very likely to be offered two possibilities:

1. Deferral (which dismisses the charge if you simply are not charged/convicted of anything else in 6 months to a year, but, pay court costs); or
2. Traffic school (although some Courts do not have this as an option).

Deferral is not a guarantee and it depends on the prosecutor.

He can always ask for even a more favorable plea deal, including a "non-moving" violation, that would be less of a fine and not count as points. If the prosecutor agrees, then this is a good deal.

Now, at time of first hearing, the Prosecutor is likely to be faced with dozens of angry Defendants. Ergo, they may respond more favorably if he (1) calls and find out the prosecutor's number from the court, and then calls the prosecutor and ask for a quick "meeting" to discuss the case wherein he can explain the mitigating factors and ask for a non-moving violation, or even for it to be simply dropped; or (2) plead not guilty first, and then approach them when they seem less busy in Court.

This is very likely to end up in a settled agreement.

Of course, if this does not work, his next option is to indeed set it for trial and play his leverage. Doing so may have the prosecutor reexamine their offer to you. The vast majority of these end up in a plea deal.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 86564
Experience: Private practice
Ely and 8 other Traffic Law Specialists are ready to help you
Expert:  Ely replied 11 months ago.
PS -

The DA will likely refuse to negotiate with him if the charge is as excessive as you state it is. As such, then this may be a little more serious - it may be reckless driving, which is a misdemeanor. If so, then it is recommended - nay - urged - to retain counsel now. May I recommend the NY Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

This way, his attorney can possible negotiate the charge down to something lower. It is best to spend money on the attorney and have this matter taken care of promptly.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)

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