So I got a imprudent speed ticket and an unsafe pass ticket for passing a car doing 40 in a 50. Officer claims I was going to fast for the conditions. Prosecutor reduced it to two parking tickets, 2 pts, and school. I feel I was in full control of my truck and 10 under was justified. Would it be worth it to get an attorney? Whats the avg cost of one? Really just don’t want the points.
Wait, the prosecutor reduced it meaning you’ve already been to court? If so it’s too late to fight it now.
No judge said I can talk to an attorney and reschedule for trial or just come back and take it like a champ.
I retract my previous statement.
What town did this happen in? Points suck.
wheatfield by a state trooper
Did he get you on radar? Did he write a speed on the ticket? What were the conditions? Doubt you’re going to have much chance fighting it if it was snowing out.
Not sure if on radar. When he came to the truck he said I was doing 40. Didn’t write it on the ticket though. Conditions were ok. Snowed during the night and wasn’t plowed yet. But it wasn’t icey at all just like loose packing snow. Wasn’t snowing at the time either.
So you were going 40 in a 50 passing a car going something like 30?
Yeah, I think I’d fight that too. Go see if you can find the actual statute for “imprudent speed”. I’d really like to see the legal wording behind that law.
Troopers get overtime for town court dates, so plan on him being there.
imprudent means anything that the cop seems not prudent. Obviously.
I got one before, because I tapped the brakes when i saw him, as a natural reaction.
Fight it, it’s a bullshit ticket, everyone will agree with you…but the town isn’t going to throw it out because it’s money in their pockets
It’s a bullshit ticket that they should only be writing in extreme circumstances or after an accident. How imprudent could it really be considering you safely made the pass. It’s pretty easy to say it was imprudent had you ended up in the ditch but it’s a very gray area when you’re well under the speed limit and nothing bad happened.
It’s going to be tough to fight. Imprudent is one of those words that has been fucking with people in the legal system for quite a while now.
Title 7, Article 30, Section 1180 of the NYS VAT
§ 1180. Basic rule and maximum limits. (a) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing.
Nice vagueness there. It’s sad that’s even allowed to be a law.
As for the unsafe pass, Title 7, Article 25, Section 1122:
§ 1122. Overtaking a vehicle on the left. The following rules shall
govern the overtaking and passing of vehicles proceeding in the same
direction, subject to those limitations, exceptions, and special rules
hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle proceeding in
the same direction shall pass to the left thereof at a safe distance and
shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor of
the overtaking vehicle on audible signal and shall not increase the
speed of his vehicle until completely passed by the overtaking vehicle.
If you want to read more, go here:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Scroll down until you find VAT.
I’ve had 3-4 of these tickets in my day. Like JayS posted…its pretty much at the officer’s discretion of whats “imprudent.” I’ll tell you right out, its not worth fighting at all. IF you have a hook up with a lawyer…then maybe. If you dont have a hook up, I think it would be roughly $150 to do what you ~might~ be able to pull off., and maybe spend the same amount of money. I did this at the Lockport City Court.
Tell the judge in a nice…asskissing tone 
that you reeeeally dont want any points. Admit that you were in the wrong (I know, it sucks ESP. when you were in the right). Then plead with him that you’d be willing to pay more of a fine (usually you’ll see the dollar signs light up in their eyes) if you could go without points.
Im not saying this will work 100% But, I’ve got points eliminated and payed more of a fine 2 times in my days of driving. It might be easier too if the court doesnt have 40 oor so people listening in too.Meaning, if the court is kind of cleared out, that might also help sway the judge…so he doesnt feel he needs to set an example of NOT negotiating…I dunno. Up to you.
if your asking if its worth it to hire an attorney?? i would say no… unless u find a cheap ass attorney. do u have points on ur liscense now? 2 points should not raise ur insurance.
otherwise, i went to court with a “blank ticket”… as in… the original ticket given to me had no speed on it… i went to court, there ticket was filled out with a speed, something lie 55 in a 45 (which was not the case) … they offered me a fine plus points (in op) i denied, told the judge i’ll take trial by jury. got a new court date… they gave me just a fine.
dont know if that helps… but IMHO i would just pay the fine and move on rather than pay attorney fee’s and waste my time in court
gee i wonder if that bright yellow fuckin spaceship you drive could have nething to do with why they laugh at you, which is why you hate them