I got a speeding ticket for a 45mph on a 25mph in Easchester NY. It’s my first offense , I already printed my driving record to bring to court.
I decided not to hire a lawyer because I can attend court myself and mostly I’m moving away from the US so if worst comes to worst I’ll take the the 4 points on my license, but clearly I would prefer not to.
I’m just asking what should I expect and what to ask the judge as some sort of plea deal.
Thank you for all your help!
The point of a pre-trial is to see if you can work out a deal with the prosecutor (either an ADA or the Officer who wrote the summons).
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 22 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The allegation of driving 45 mph in a 25 mph zone carries 4 points, if you are found guilty after a trial. But for a 4 pt moving violation, unless your driver's record is a total mess (i.e., filled with convictions to various moving violations, including speeding tickets), you will most likely be offered a reduction to a non-moving aka Zero point offense.
Some of the far-upstate Courts can be extremely stingy, but the Eastchester Court should be fine to grant you a Zero-points final disposition. Once in a far-upstate Court, I was only able to obtain a reduction of a 4 points moving violation down to 2 points. But so long as you are polite, arrive on time & have an updated driver's abstract with you, I encourage you to accept the plea bargain. You will want to go to trial based upon your principles, but unless the cop screws up royally in his/her testimony, the People will most likely win & then you'll get the 4 points & a higher fine than you would have if you accepted a reduction.
Your best bet is to try to obtain a good plea bargain, as speeding tickets are tough to beat at trial.
Please note that answers to questions are for general purposes only and do not establish an attorney-client relationship. Attorney Feraru has practiced for over two-decades dealing in many types of cases, including: personal injury, criminal, family and many other civil matters.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline