Spect2K3

So i'm driving down I-95 sunday night in westchester (new rochelle) where the speed limit is 55 and i have the cruise set at 65. It is 11:30PM so there isn't any traffic. Anyway, i'm in the left lane talking to my fiancee nice and calmly when I see I sign indicating the speed limit is changing to 45 for a work zone (nobody was actually working at the time, but still a work zone). So I click off the cruise and the next thing I know, i'm getting pulled over. He says i'm doing 68 in a 45. What a jerk to say that. My speed can immediately drop b/c the sign says the speed limit goes down? No, the car has to slow down and he tickets me the second we hit the 45. So i'm pleading not guilty b/c this is stupid. A young guy driving a sports car (sporty car). So which of the 2 defenses would be better do you all think?

1) I was doing 10 over with my cruise set at 65 and when I saw the speed limit drop, I began to slow down as he hits me with a ticket for speeding there.

or

2) He was on the side of the road, so I can say that he may have clocked the guy that was next to me (there was an suv passing me in the middle lane (but of course I get the ticket)), or he may have even clocked the traffic going the other way as the wall divider is very low there.

or

3) (Insert your advice here)

steve_r

i have no experience with this but... the 1st thing would be just a good explanation of what was going on and the 2nd can be a possible explanation why you were clocked at 65

Neothin

option a sounds good.

Spect2K3

I suppose that you're right, I can use both. After all, they are both true. Cops just hate me I guess. It's frustrating - I almost want to be a cop so that I can correct these flaws in society...some people are just dirtbags. There are dangerous drivers out there and i've got my hands on 10 and 2 sort of driving and they give me a ticket..ah...

what do you all think?

jct

just pay it and go on with your life

teamben158

I vote for option 1. Even though technically he did clock you going 20 the speed limit, just try to get the ticket lowered to 10 over. I had something similar happen to me. I was on my bike and the speed limit went from 45 to 55 and I got pulled over about 5 feet from the 55 mph sign. The cop said I was going 19 over, I said I was going 9 over. He pointed at the sign 5 feet in front of me and said I wasn't there yet so I got a ticket for 19 over. I wasn't too mad though because for 1-20 over, the fine is the same.

Spect2K3

I definitely want to fight it b/c this is a fine in a work zone, and I really don't think that I was doing anything wrong. 10 over, as we all know is not speeding. 20 over is, but as teamben158 has much experience with, I had JUST come into that zone and had started my decrease in speed.

To be technical, had I began to slow down earlier anticipating the 45 mph zone, and lets say slowed to 39 mph which is reasonable in a 45mph zone, I could have gotten a ticket for doing below the minimum in a 55mph which is 40mph.

If I was doing even 55 in the 55mph zone, he could ticket me the second I hit the 45mph zone if I only got down to 46. Thats ridiculous, you need a grace period to get the car down to or up to speed. So I agree that option 1 is looking good right now. Do you all think it would be overkill to use both options 1 and 2?

2fast4you

3) Most state laws state that yes, the speed limit changes immediately after you pass a posted speed limit sign. Most states will post a "reduce speed ahead" sign as a courtesy, but it is your responsibility as a licensed driver to look ahead of the road and adjust your speed accordingly, especially when approaching a work zone.

It's best to pay the fine and move on, or you will hear what I wrote from the judge.

TheQuietThings

I'm going to assume that he got you with a radar gun
Did you ask to see the read out?
If he got you with radar you are basically screwed. Admit that you were wrong in court, plea your story about slowing down.
I THINK there is a 1000ft. grace period that you are supposed to be given to slow down, but moving at speeds of almost 70mph, 1000ft can go by in 10 seconds

My personal advice [from experience]
Hire a lawyer, if you can't or don't want to then go into court and admit that yes you were speeding, you can not argue this since he got you with radar, but just say that you were slowing down. Its a real crappshoot but most of the time, if you are cool about it and the judge can somehow see your good character, he will let you off with less of a penalty or no penalty at all.
also.... even if you say you were on cruise, and the 55mph was intact, you are still 13mph over the limit.
also, delay the ticket as much as you can, you never know wh at could happen in the next 2 years. Maybe the officer will be relocated so they cant show up.
its going to be tough, but good luck.

EDIT:
BTW, yes i did get out of the ticket

06tC

It's only considered a work zone if workers are present. If it's 11:30 at night, you're probably safe. Unfortunately for you, the simple fact of the matter is that you were going 65 in a 45, regardless of technicalities. If you try to contest a ticket that small, the judge is going to think you're making a mockery of his court and he's not going to like it. The "grace period" for the car to slow down happens before you actually cross the boundary of that sign. Think about it this way: If you're going 45 in a 45, and a school zone is ahead, do you hit the brakes right when you get in the school zone? Hell no, because you'll probably get arrested. You slow down before the school zone, and that's the same thing you do in this circumstance.

Saying "Cops just hate me I guess" is immature. That's putting the blame on the cop, when the blame is 100% on you. You broke the law, he did his job. It's open-and-shut, and the judge will side with everything I just said. If you break the law, you have to be prepared to pay the ticket. I would recommend just paying it, moving on, and driving how you want after this, with the knowledge that doing so will result in your actions being countered.

Get deferred adjudication, don't speed for 3 months, and it won't hurt your insurance. Plead guilty, get slapped with the ticket, and your insurance goes up. Seems simple to me.

Spect2K3

Next question: I am a connecticut resident and I got this ticket in NY. So, if I still get hit with the ticket even after pleading not guilty, do i still get points on my license? Either way, with or without points, since its out of state, does my insurance go up?

teamben158

Actually, to be technical, your were clocked going 23 mph over the speed limit. There is no grace period. Slow down before you get to the 45 mph speed zone. Why would you slow down to 39 mph? I guarantee you try the explanation you just posted in court and the judge will laugh at you. You got busted speeding, pay the fine, learn your lesson and move on.

TheQuietThings

No, im pretty sure in New York State you are given 1000ft. or 500ft. [not sure which] from where the sign is posted to slow down. Here in the city, signs are posted 1 or 2 blocks before the particular zone.

I would know this from experience of course...

teamben158

I'd say call the DMV or your insurance up and ask. You don't have to tell them any information about you, just that you have a question. I want to say it won't show up because it's out of state, but it depends on the state in question. Your state is different as IL doesn't even have a point system.

2fast4you

I don't know about points (I doubt it, but I'm curious to find out as well), but it will count against your insurance if convicted.

TheQuietThings

No, your insurance will not see the ticket, but you will still have to pay the ticket, and if you fail to pay the ticket, a warrant will be issued against you in that state. i also think it affects your credit if you fail to pay out of state tickets, but im not too sure on that

TheQuietThings

Since you are from CT
Plead guilty, pay the fines, move on
and your insurance wont see anything

you DO NOT want to deal with NY judges if you dont have to, especially if you are from out of state

Spect2K3

no, i'll definitely pay the ticket (whatever it may be), but thats good news that the insurance doesn't go up.
What about points on my license, any info there?

TheQuietThings

no points either

insurance only goes up if there are points or accidents

2fast4you

That's not true anymore. Insurance companies can check all 50 states for accidents and moving violations the same way they can check stolen cars and criminal backgrounds. When I applied for car insurance in California, they were able to pull my driving records from Kansas and Kentucky.