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      07-21-2009, 04:03 PM   #1
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HELP: NYS Resident ticketed for speeding in N. Carolina

Brief background: I was driving back from Florida from my vacation, and had been driving consistently at 75mph (as per my garmin navigation). I got to North Carolina, and was the 3rd (and last of the bunch) car on the left lane traveling at approximately 72-76mph in a 65mph zone... I wasn't tailgating, or doing anything illegal (that I was aware of). Then, all of a sudden, a cop in the middle divider comes onto the road, all three cars in the left lane merge into the right, and the cop just gets behind me and puts his lights on. I pulled over.

Cop: "Is there a reason you were speeding?"
Me: "I'm sorry, I wasn't aware that I was speeding officer... I was just following the flow of traffic."
Cop: "You were going over 80mph, but I booked you at 80mph already. License, registration, insurance."
Me: [As i hand over my information] "But officer, I didn't go over 75mph."
Cop: "Hang tight, I'll be right back." [walks away with my information]

Cop then comes back with a citation...

Cop: "I wrote you a citation for doing 80mph in a 65mph zone."
Me: "But, I wasn't traveling at that rate of speed... How did you get my speed? Was it via radar or laser?"
Cop: "I got you with radar."
Me: [remembering a cop once telling me... if a cop books you with a radar gun, he has to give you a print out of the speed reading on the gun] "Do you have some sort of proof that I was going that fast? Do you have a receipt of the radar gun printout showing my speed?"
Cop: "This citation is the printout. Have a safe trip."

Cop walks away...

So now, I'm stuck with this dilemma... I wasn't going that fast, but it would be pretty much impossible for me to drive down to the bottom of NC to go to court with this... Do I need to hire an attorney? I heard that the NYS Drivers don't get points from tickets issued out of state... However, there is a chance that the insurance companies might fight out -- hence, raising my premiums...

Should I just pay the ticket off? Or, do I need to hire an attorney to plea bargain this ticket down in order to avoid my insurance company from finding out?

If you have any knowledge with this matter, please chime in. Thanks in advance for your help guys.
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      07-21-2009, 05:38 PM   #2
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That sucks... some cops are just assholes. You might just have to pay it off and hope the insurance doesn't check for a little while. Not much else you can do without spending a good amount of $$.
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      07-21-2009, 06:26 PM   #3
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      07-21-2009, 06:44 PM   #4
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Thanks for the help guys... but OC335i, the "Trial by Declaration" is not allowed in the state of North Carolina... ugh.

If anyone has any knowledge specific to my case, please chime in. I can use all the help I can get for this...
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      07-21-2009, 07:07 PM   #5
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ya pay the ticket, the end

no points...will insurance find out.... who knows
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      07-21-2009, 07:17 PM   #6
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speaking as someone who got ticketed A LOT out of NY (had a NY license) - You will not get any points and your insurance will not find out. The only proof I can give you on that is that I changed my insurance twice and always came back with a clean record.

I was pretty excited about it when I figured it out a while back, and have since changed my driving habits.
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      07-21-2009, 08:46 PM   #7
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When i was younger my family and i were in Florida and heading down to West palm beach from my grandmas in Daytona and my mom got pulled over for doin 90. she got a ticket and nothing ever happed to her insurance and she just paid it off
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      07-21-2009, 08:48 PM   #8
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Quote:
Originally Posted by TwoSaints View Post
speaking as someone who got ticketed A LOT out of NY (had a NY license) - You will not get any points and your insurance will not find out. The only proof I can give you on that is that I changed my insurance twice and always came back with a clean record.

I was pretty excited about it when I figured it out a while back, and have since changed my driving habits.
Yea, a few years ago, I was ticketed in PA for excessive speeding (i've changed my driving habit quite a bit since then), and got an attorney to plea bargain a 30+mph violation to a +15mph violation... My insurance never found out, but i didn't know if any laws changed since then.

Anyway, thanks for the friendly advice!
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      07-21-2009, 10:48 PM   #9
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glad I could be of some help.
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      07-21-2009, 11:47 PM   #10
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Quote:
Originally Posted by SE3P_to_E90 View Post
Brief background: I was driving back from Florida from my vacation, and had been driving consistently at 75mph (as per my garmin navigation). I got to North Carolina, and was the 3rd (and last of the bunch) car on the left lane traveling at approximately 72-76mph in a 65mph zone... I wasn't tailgating, or doing anything illegal (that I was aware of). Then, all of a sudden, a cop in the middle divider comes onto the road, all three cars in the left lane merge into the right, and the cop just gets behind me and puts his lights on. I pulled over.

Cop: "Is there a reason you were speeding?"
Me: "I'm sorry, I wasn't aware that I was speeding officer... I was just following the flow of traffic."
Cop: "You were going over 80mph, but I booked you at 80mph already. License, registration, insurance."
Me: [As i hand over my information] "But officer, I didn't go over 75mph."
Cop: "Hang tight, I'll be right back." [walks away with my information]

Cop then comes back with a citation...

Cop: "I wrote you a citation for doing 80mph in a 65mph zone."
Me: "But, I wasn't traveling at that rate of speed... How did you get my speed? Was it via radar or laser?"
Cop: "I got you with radar."
Me: [remembering a cop once telling me... if a cop books you with a radar gun, he has to give you a print out of the speed reading on the gun] "Do you have some sort of proof that I was going that fast? Do you have a receipt of the radar gun printout showing my speed?"
Cop: "This citation is the printout. Have a safe trip."

Cop walks away...

So now, I'm stuck with this dilemma... I wasn't going that fast, but it would be pretty much impossible for me to drive down to the bottom of NC to go to court with this... Do I need to hire an attorney? I heard that the NYS Drivers don't get points from tickets issued out of state... However, there is a chance that the insurance companies might fight out -- hence, raising my premiums...

Should I just pay the ticket off? Or, do I need to hire an attorney to plea bargain this ticket down in order to avoid my insurance company from finding out?

If you have any knowledge with this matter, please chime in. Thanks in advance for your help guys.
You shouldn't have said anything abt the supporting deposition just nod and don't admit wrong doing.
Lawyers are expensive so unless the fine is crazy high forget that and pay it.
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      07-21-2009, 11:50 PM   #11
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arguing with a po po is like arguing with a stop sign...
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      07-22-2009, 09:50 AM   #12
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if he put the fine on the actual ticket itself....you are fine...just pay it and no points...

either way...the points won't transfer over into NY.

I got a speeding ticket 2 yrs ago in college (went in PA)....paid my fine...no points...insurance never found out.

just pay it...you'll be fine.
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      07-22-2009, 11:30 AM   #13
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Quote:
Originally Posted by CollinsE90 View Post
arguing with a po po is like arguing with a stop sign...
I was very courteous until he decided to "ignore" me... sucked i got power tripped this time around...

anyway, thanks for all the info fellas. Looks like the best thing for me to do is just pay it off and hope that insurance doesn't get the info.
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