Sportbike Racing Forum banner
1 - 11 of 11 Posts

·
Registered
Joined
·
1,966 Posts
Discussion Starter · #1 ·
Hey all - sorry I have not been around the forums more lately, but I've been a bit busy, Not to mention it makes me miss not having my bike even more! Hope everyone is doing well.

Anyhow, I got a ticket in my car last month for doing 70 in a 55. Anyhow, I origninally contested the ticket because I thought I could get out of it. I later realized that I did not want to contest it and would rather just pay. Anyway, I got the ticket in some little hick town in upper state NY and I am not going to be able to make the court date because I am WAY out of state.

Here is the problem -- I can't get ahold of anyone from the court house because since it is such a small town, no one is there. WHat happens if I just don't show up? I suppose the only time I might be able to get ahold of someone is when my court date is set up - Monday at 7:00pm. I will try to call then.

I know a lot of you will say just drive up there and go, or etc etc...but realizing that NY does not transfer driver points to where my license is registered, then I would rather just pay the damn ticket and not waste my time.

Any advice would be greatly appreciated.

Thanks.
 

·
Registered
Joined
·
1,966 Posts
Discussion Starter · #2 ·
Update

I was able to get in touch with a police officer from the area who said to call the court house right before 7:00 when court is in session and get in touch with the judge and arrange a plea of guilty. I suppose this is the best thing to do, but I am worried that I will not be able to get in touch with the judge - and if I can't, what happens then. hmm...
 

·
Registered
Joined
·
1,070 Posts
Never plea guilty, plea no contest. You always have the chance the officer won't show. Was it laser or radar, ask to see the certification and the tuning fork papper work. If he doesn't have it or the radar gun or laser is not cert. it will be dismissed.
 

·
Registered
Joined
·
4,641 Posts
[ QUOTE ]
skisurf2 said:
Never plea guilty, plea no contest. You always have the chance the officer won't show. Was it laser or radar, ask to see the certification and the tuning fork papper work. If he doesn't have it or the radar gun or laser is not cert. it will be dismissed.

[/ QUOTE ]

Every time I've ever been to court, the officer started right out by saying the last time the radar gun was tested, certified, or whatever it's supposed to be, and it's always within the time it's supposed to be. So the chances of successfully using a, "When was the radar unit last calibrated?" defense are pretty slim. Not to mention that under most circumstances, courts pretty much accept an officer's speed estimation as gospel. The "no contest" plea is most useful if you don't want a guilty plea to be used against you in a civil suit, such as when you are cited for causing an accident thjat injures somebody.
 

·
eScreaming Dizbuster
Joined
·
12,112 Posts
If you want to contest it you have to plead "not guilty". "No contest" is the same as "guilty" to the court.

I would ask to have the court date postponed and then try to plea bargain to a non-moving violation.
 

·
Registered
Joined
·
1,966 Posts
Discussion Starter · #6 ·
Wait wait, we're missing the point here.

I am going to plea guilty. I cannot get to that court ANYTIME soon as I am far out of state. I cannot get in touch with them because no one picks up the phone. If I can't get in touch with them before the court hearing, what happens if I don't show up?

I am going to overnight a letter monday and call right before my hearing date wed. hopefully that will work.
 

·
eScreaming Dizbuster
Joined
·
12,112 Posts
I got it. I didn't answer directly because I think you know what happens if you miss a court date. You get charged with a criminal offense and a warrant is issued for your arrest.

Even if you plan to cave in and pay the ticket, you should still request a later court date, so if there's a problem with the mail or processing your payment, you have some breathing room. Keep calling, they'll answer the phone eventually.
 

·
Registered
Joined
·
1,237 Posts
An 'FTA' Warrant will be issued-Failure to Appear and the warrant will be for the original charge. This is not an Extraditabel warrant which means if you get stopped in PA or MA they will not take you to NY and they will not put you in jail because it is an out of state warrant. Me personally, I would try to call the judge IF YOU DID GET HIM ask for a PJC- Prayer for Judgement of the Court. If you have not had any tickets within the past two years they may give it to you. BUT, if you get a ticket after a PJC within 2 years you will get hammered with both tickets. If they will not give PJC Always plead NO Contest, pleas of Guilty can be held against you in later trials and give higher fines. If you don't get ahold of them I wouldn't worry about it, especially if you are along way from NY. I would just get up with them asap and state to them you could not come from out of state due to whatever reasons. Probably if you are a no show you will have to plead guilty or show up in court at a later date to correct the problem. Good luck
 

·
Registered
Joined
·
5,992 Posts
Which hick town was it? :crazy:

The short answer is it's not a big deal, as long as you get a hold of the court sometime in the near future. Even if they were going to go ahead with the FTA warrant, no one is going to come after you anytime soon. Look at it this way - you're not the first or last person that couldn't make it to traffic court. It's likely there will be a small stack of similar cases, and you'll probably beat the paperwork anyway. If you can't reach the court directly, you might try the town hall. Hopefully, they could get you an alternate number, or even take a message if the town is small enough!

Many of the smaller towns up here would be just as happy to convert your ticket to a parking violation, since they get 100% of that money, and only about 40% of a speeding fine. I had this happen to me last month. $75 and about 1/2 hour at the courthouse! :waytogo:

Just be reasonable on the phone, and explain that since you won't be able to get back to the area anytime soon, you thought you'd just go ahead and plead guilty.
 

·
Registered
Joined
·
6,629 Posts
Haven't been on in a bit buit the worst that could happen in the near future for failing to appear in another state is they suspend your right to drive in that state... Long term they can have your DMV suspend your license... Takes time though.... You can appear via sworn statement....
 
1 - 11 of 11 Posts
Top