Speeding Ticket, Car Accident, Search & Seizure

R

robinhoodlum

New Member
Jurisdiction
New York
I was driving home a group of friends from an event. A bunch of them were pretty drunk after the party. I didn't think I was driving that fast but supposedly a police car was behind us and put on his siren. I was distracted by it and looked in the mirror and away from the road. I was in my lane and the other driver must have also been distracted to the right of me and collided with me. All of us pulled over and the police gave me a speeding ticket (even though the other car was going at the same speed.) I assume I got one because I was in the left passing lane but I wasn't going faster than the person on the right.

But all this happened after the police went to my car and smelled alcohol pulling me out and making me take a sobriety test. They required me to blow and still suspected me of being under suspicion of driving while intoxicated. I had one beer at the party at least an hour before driving. My friends were stupid. Drunk and one of them had brought with a bottle that I didn't know about. So I got ticketed for that too, having an open container in the car.

So what should I do? I'm very angry at my friends and I think that being the designated driver is what got me into trouble. The speeding ticket was for 10 miles an hour above the speed limit of 55 which I don't believe and it is such a small amount that I think it was smelling alcohol and my denials of driving drunk that brought me all of the trouble.
 
You can think whatever you want to think.
Point is, that whatever you THINK won't help you with the traffic citation.

You can investigate traffic school.
If traffic school is available, you might want to take it and ONE citation will be history.

As for the remaining citation, you can ask about DEFERRED ADJUDICATION or ADJUDICATION in CONTEMPLATION of DISMISSAL (ACOD), if that's the name used for it in your state.

Whining, blaming, shaming, naming, won't help you take care of these citations.

However, next time, tell the drunken bums to walk, drive their own cars (you're NOT the police), or call a taxi.

Good luck!!!
 
That traffic school nonsense does not exist in New York, at least as far as deleting traffic tickets is concerned.

As far as ACD's go, it's probably not likely in this case but it is VERY court dependent. Most courts that I appear in will not accept that as a disposition.

Ten miles over is ten miles over - not necessarily such a small amount. Perhaps you were weaving a bit due to all the shenanigans going on inside your car.

Right off the bat you have six points worth of charges there. No matter what fine the judge imposes you will be billed an additional $300 Driver Responsibility Assessment by the DMV which the court has no control over - and that's if you have no other points on your license within the past 18 months.

What court is your ticket returned to? I may be able to provide more insight.
 
Oh, and HOW OLD ARE YOU? In New York if you are under 21 you are not permitted to have ANY alcohol in your system when you drive.
 

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