If you are surprised to see this topic on Saverocity you have been living under a rock for the past 3 years. We aren't just about travel (that's Travelocity you crazy fool) we are about winning at life. I thought it would be neat to share my Traffic Ticket experience with you here, I got off with a win, though in fairness I didn't fight that hard, and may have left something on the table.
I have to say, it was quite the experience. Here's how it started out:
A State Trooper watched me overtake across double yellow lines. He then raced up behind me and tailgated me for about 4-5 miles, after which time I found out he was a State Trooper Him being a fastidious officer of the law also noticed that I had not changed my address with the DMV.
So I received 3 tickets for one stop. What to do? Note that this is a State specific scenario, so check your own rules and regs -and as ever, YMMV. I find more cops want to mess with me, but more judges want to let me off the hook - its a British thing.
I'm a principled type of guy, so my instinct was to confess guilt, after all, the Trooper watched me overtake, and watched my speed get up to an alleged 54 in a 40. And, I hadn't changed my address with the DMV.
Key Point
There is a huge problem with the legal system, and you probably won't notice it until you dig deeply. The problem is that if you admit Guilt to certain crimes there is a mandatory sentence. So you can't say 'hey Judge, yeah, I did it but its my first time', or, any other mitigating reason. If you admit guilt, you accept a predetermined judgement.
For my scenario this would have meant 7 points on my license for the overtaking and speeding alone, which would have:
So, my doing the 'right thing' would have meant penalties for the 3 tickets, state penalties for being a risky driver, insurance premium penalties, and being very close to having my license revoked. What does one do?
In NY there are 3 responses that are allowed:
The only plea that you can make to avoid points is Not Guilty. I made this plea.
I firmly believe that I have fair and valid reasons for the defense of each ticket, and I was prepared to discuss them today in court. However, I was not able to do so. Instead, when I reached the front of the line for the Town Prosecutor he simply offered to change all three tickets into one charge of 'failing to obey a mechanical road signal'. IE the court decided to rip up all the tickets and the eye witness reports of the State Trooper, and instead invent a charge that would be acceptable. And this all happened before I had the chance to explain my story.
I went from overtaking a vehicle, speeding away, and not changing my address to either failing to fully stop at a Stop sign, or perhaps running a red light... totally invented 'crimes' intended to avoid discussion and create revenue for the Town.
The Wrap
I elected for a not guilty defense today because of two important reasons. The first is, you should not be afraid to challenge a charge. You should never attempt to lie or perjure yourself, but if you are able to express a truthful explanation of your situation, you shouldn't be intimated against doing so. And in the situation I was in I couldn't lose. Admitting guilt, and then explaining myself would have not created the outcome you might expect from that decision. The only way to create the outcome that might be considered fair was to plead not guilty and explain myself.
So it is a no lose situation, admit guilty = accepting a sentence, claim innocence = refusing the sentence until you are heard, or until the court offers you a solution that works for them.
Why the share?
Frankly, I could not have posted this. It would reduce exposure and liability for me to do that. However, I feel that it is important to highlight the flaws in the legal system here. I believe it is honest, good people who would admit guilt, but there has been some betrayal of trust along the line. Criminals (not that I am one) know that you can just show your face in court and they will pretend you ran a red light or parked in front of a fire hydrant. Good people they are screwed. That's wrong.
Disclaimer
OK here's the gig - you read this and go all crazy and get thrown into Jail and want to sue me. Before you do, please note that the above is simply my story at winning with a Traffic ticket, and what I learned today. I also learned that you can retain a lawyer to deal offer legal advice and guidance (which this post is not) for a few hundred bucks. So, the extent of your law suit against me should you follow this advice and NOT retain a lawyer will be for the amount of money such a lawyer would have cost you. Let's say $300-$500 I'll counter sue you for being daft too.
I have to say, it was quite the experience. Here's how it started out:
A State Trooper watched me overtake across double yellow lines. He then raced up behind me and tailgated me for about 4-5 miles, after which time I found out he was a State Trooper Him being a fastidious officer of the law also noticed that I had not changed my address with the DMV.
So I received 3 tickets for one stop. What to do? Note that this is a State specific scenario, so check your own rules and regs -and as ever, YMMV. I find more cops want to mess with me, but more judges want to let me off the hook - its a British thing.
I'm a principled type of guy, so my instinct was to confess guilt, after all, the Trooper watched me overtake, and watched my speed get up to an alleged 54 in a 40. And, I hadn't changed my address with the DMV.
Key Point
There is a huge problem with the legal system, and you probably won't notice it until you dig deeply. The problem is that if you admit Guilt to certain crimes there is a mandatory sentence. So you can't say 'hey Judge, yeah, I did it but its my first time', or, any other mitigating reason. If you admit guilt, you accept a predetermined judgement.
For my scenario this would have meant 7 points on my license for the overtaking and speeding alone, which would have:
- Increased my insurance premiums
- Created a penalty payment in NYS (annual charge)
- Put me way into the realm of losing my license.
So, my doing the 'right thing' would have meant penalties for the 3 tickets, state penalties for being a risky driver, insurance premium penalties, and being very close to having my license revoked. What does one do?
In NY there are 3 responses that are allowed:
- Guilty
- Guilty with mitigating circumstances
- Not Guilty
The only plea that you can make to avoid points is Not Guilty. I made this plea.
I firmly believe that I have fair and valid reasons for the defense of each ticket, and I was prepared to discuss them today in court. However, I was not able to do so. Instead, when I reached the front of the line for the Town Prosecutor he simply offered to change all three tickets into one charge of 'failing to obey a mechanical road signal'. IE the court decided to rip up all the tickets and the eye witness reports of the State Trooper, and instead invent a charge that would be acceptable. And this all happened before I had the chance to explain my story.
I went from overtaking a vehicle, speeding away, and not changing my address to either failing to fully stop at a Stop sign, or perhaps running a red light... totally invented 'crimes' intended to avoid discussion and create revenue for the Town.
The Wrap
I elected for a not guilty defense today because of two important reasons. The first is, you should not be afraid to challenge a charge. You should never attempt to lie or perjure yourself, but if you are able to express a truthful explanation of your situation, you shouldn't be intimated against doing so. And in the situation I was in I couldn't lose. Admitting guilt, and then explaining myself would have not created the outcome you might expect from that decision. The only way to create the outcome that might be considered fair was to plead not guilty and explain myself.
So it is a no lose situation, admit guilty = accepting a sentence, claim innocence = refusing the sentence until you are heard, or until the court offers you a solution that works for them.
Why the share?
Frankly, I could not have posted this. It would reduce exposure and liability for me to do that. However, I feel that it is important to highlight the flaws in the legal system here. I believe it is honest, good people who would admit guilt, but there has been some betrayal of trust along the line. Criminals (not that I am one) know that you can just show your face in court and they will pretend you ran a red light or parked in front of a fire hydrant. Good people they are screwed. That's wrong.
Disclaimer
OK here's the gig - you read this and go all crazy and get thrown into Jail and want to sue me. Before you do, please note that the above is simply my story at winning with a Traffic ticket, and what I learned today. I also learned that you can retain a lawyer to deal offer legal advice and guidance (which this post is not) for a few hundred bucks. So, the extent of your law suit against me should you follow this advice and NOT retain a lawyer will be for the amount of money such a lawyer would have cost you. Let's say $300-$500 I'll counter sue you for being daft too.