Speeding ticket in Onondaga county N.Y - 89/65

[Kbar]

Hello.

On 11/14/2009 i was driving from NYC to Buffalo N.Y when i was caught speeding on I-81 around the Town of Lafayette in Onondaga county New York.
The state trooper had me clocked by using a laser.

I pleaded not guilty and had received a week ago a latter where i need to write a reason for reduction and send it to the district attorney at the town of Lafayette.

I have a previous 6 points charge on my record from a little over a year ago.

I am a college student in Buffalo and i relay on my car around Buffalo. I do not live on campus which makes my car very significant for me.


I drive a 1999 Mercedes that my father gave me. The car has a lot of problems and as a college student i have little time to maintain the car.
During that drive my speedometer was not functioning well, and because the road was clear i wasn't able to estimate my speed.

On the latter they are asking for "Explanation or equities as to why a reduction is in order". What should i write in order to reduce the points and avoid a suspension?

 

[army judge]

Hello.

On 11/14/2009 i was driving from NYC to Buffalo N.Y when i was caught speeding on I-81 around the Town of Lafayette in Onondaga county New York.
The state trooper had me clocked by using a laser.

I pleaded not guilty and had received a week ago a latter where i need to write a reason for reduction and send it to the district attorney at the town of Lafayette.

I have a previous 6 points charge on my record from a little over a year ago.

I am a college student in Buffalo and i relay on my car around Buffalo. I do not live on campus which makes my car very significant for me.


I drive a 1999 Mercedes that my father gave me. The car has a lot of problems and as a college student i have little time to maintain the car.
During that drive my speedometer was not functioning well, and because the road was clear i wasn't able to estimate my speed.

On the latter they are asking for "Explanation or equities as to why a reduction is in order". What should i write in order to reduce the points and avoid a suspension?

If your speedometer malfunctioned, you would simply need to state that the speedometer malfunctioned during the trip. You were unaware of it at the time. Had it been functioning properly, you would not hav ebeen speeding.

Then get a letter from a mechanic stating that the speedometer has since been repaired. Also provide the receipts PROVING that you paid for the repairs. If you haven't done that already, do it now. Then do as instructed above.

Finally, in the last part of the letter apologize for speeding. Indicate that you were having financial hardships as a student, but felt obligated to borrow the money from your dad to correct this problem. Also say that you'll obey all speed laws going forward. Ask the court for mercy and place you on a deferred sentencing for 3 months (6 months, whatever), so that you can show the court you're serious about obeying the law. Tell the court you don't want to further impact your driving privileges and see your insurance rates rise.

Thank the court for allowing you to seek a lesser penalty. Keep your fingers crossed, it usually works!

 

[Kbar]

Thanks for the help.

I did not fix the speedometer at a shop due to cost (100-200$). I had a friend fix it and it is been working since. I obviously have no paper work stating it was broken or that it was fixed

 

[army judge]

Thanks for the help.

I did not fix the speedometer at a shop due to cost (100-200$). I had a friend fix it and it is been working since. I obviously have no paper work stating it was broken or that it was fixed

Get a notarized statement from your friend indicating that he fixed the speedometer.
You also need to have a mechanic check your speedometer to insure its working properly and recording the speed accurately.
It'll cost you a few bucks.
But, you'll save a lot more by getting the ticket reduced.
If you get lucky, you might find a mechanic that'll write you a notarized letter for free.

 

[CdwJava]

I seriously doubt that a court is going to buy this claim of a malfunctioning speedometer. But, if it is all you got then you go with it. If your friend is willing to complete a notarized statement explaining the nature of the problem and how he fixed it, and you can get a mechanic to assert that the speedometer is now fixed, maybe the judge will let it pass.

However, I have to say that the only time I EVER hear of anyone complaining about a malfunctioning speedometer is when they get stopped for speeding, and then they never seem to get a mechanic to do the work, it is inevitably a friend or relative. So, Kbar, understand that if I am skeptical, the court will be as well.

Good luck, and slow down.

EDIT: And, a question ... when you say the speedo was not functioning "well" what does that mean? You will probably be asked to explain what the specific nature of the problem was. Additionally, you will likely be asked why you did not fix the problem sooner? If you knew there was a problem, how come you continued to drive a car that could have been dangerous?

 

[army judge]

I seriously doubt that a court is going to buy this claim of a malfunctioning speedometer. But, if it is all you got then you go with it. If your friend is willing to complete a notarized statement explaining the nature of the problem and how he fixed it, and you can get a mechanic to assert that the speedometer is now fixed, maybe the judge will let it pass.

However, I have to say that the only time I EVER hear of anyone complaining about a malfunctioning speedometer is when they get stopped for speeding, and then they never seem to get a mechanic to do the work, it is inevitably a friend or relative. So, Kbar, understand that if I am skeptical, the court will be as well.

Good luck, and slow down.

EDIT: And, a question ... when you say the speedo was not functioning "well" what does that mean? You will probably be asked to explain what the specific nature of the problem was. Additionally, you will likely be asked why you did not fix the problem sooner? If you knew there was a problem, how come you continued to drive a car that could have been dangerous?

Yeah, probably won't work. But, the dude has no other option if he wants to get some relief.

 

[Kbar]

The speedometer stopped working normally during that drive. it was on a saturday and i had to get back to my college in order to finish some work that was due monday.

The speedometer would get "stuck" on a certain speed. it would stay on speed x even if i sped up or slowed down. If i remember correctly it went up to about 30~ and didnt move from there. Even at a complete stop it would still stay on 30 until i would drive again.

If i cannot get my friend to write a latter and have it notarized in time what else could i say/write?

I know him from college, he does not live close to me here at home (nyc)

 

[CdwJava]

About all you can do if you cannot get a letter from him is to spin the tale to the judge. Like I said, it is not likely to convince the court, but if that's all you got for mitigation, then it is all you got.

A receipt and declaration from a mechanic certified to work on your type of vehicle might help ... but, it might be irrelevant as all it will show is that the speedo was working not that it was NIOT working at the time of the stop.

It's all a long shot anyway.