Should I appear in court and fight? Does that make the ticket VOID?

Asked about 4 years ago - Greenburgh, NY

I received a ticket going 80 in a 55 on the Sprain Brook Parkway by a State Trooper going North. Its 25mph over the speed limit and I am 18 yrs old. My first name is wrong on the ticket and so is my address.

Attorney answers (4)

  1. Kevin Brian Faga

    Contributor Level 11

    Answered . You do not provide enough facts to give an answer. But, in all likelihood, the judge will allow the Trooper to amend the summons to correct the errors, if you challenge the ticket on those grounds.

    This answer is offered for information only and is not intended to be legal advice or to create an attorney/client relationship.

  2. Glenn Warren Magnell

    Contributor Level 11

    Answered . This is a "6 point" ticket on the NYS DMV point system. If you plead guilty you will be fined by the court and will also have a $300 "responsiblity fee" imposed on you by DMV. A guilty plea may also very seriously damage your auto insurance/your parents insurance.

    The court will likely allow the trooper to correct the errors on the ticket. However, depending upon what town the ticket was issued in there is a good possiblity that the charge can be reduced through a plea negotiation with the town prosecutor that would lower the fine, eliminate the DMV "fee" and reduce the potential insurance damage.

    Lastly, depending upon whether your license is still in probationary status or not could result in a DMV suspension action.

    The above should not be construed as legal advice. It is for informational purposes only. If you wish a free consultation please free to call my office at 845-294-0585.

  3. George Peter Conway

    Contributor Level 17

    Answered . You have been charged with violating VTL 1180-b by allegedly traveling 80 MPH in a 55 MPH zone which for a first offense within 18 months is punishable by a fine of between $90.00 and $300.00, up to 15 days in jail, 6 points on your driving record and a mandatory surcharge of $80.00 or $85.00 depending on the venue. If convicted, you would also be responsible for paying a driver responsibility assessment of $100 per year for the next three years to the NYS DMV. You insurance company may also surcharge you depending on your policy’s merit plan. You could also have your license revoked if you only had a probationary license on the date you were stopped. You could also be subject to additional penalties if you have been convicted of any other moving violations withinthe last18 months. I suggest you consult a local traffic ticket attorney about your options.

  4. Matthew Jay Weiss

    Contributor Level 14

    Answered . Those two mistakes will not help you get the ticket dismissed but there are many things you can do when fighting it.

    Definitely plead not guilty. This ticket carries 6 points, can result your insurance increasing and subjects you to a $300 Driver Assessment Fee.

    We can likely save you the $300 and points, avoid an insurance hike.

    Call us Monday for a free consultation.

    Matthew Weiss
    212-683-7373

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