The Dean Posted October 25, 2008 Posted October 25, 2008 I'm also curious where you got snagged. If it was near Herkimer, I think that's how they fund the entire community. Helmet Hair's post is pretty much spot on, from what I remember...but it has been several years since I got a ticket in NYS. Good luck, Promo. Fight the power!
sullim4 Posted October 25, 2008 Posted October 25, 2008 NY only has reciprocal point agreements with Ontario and Quebec (http://www.nysdmv.com/license.htm) . You won't get any points on your NH license for any convicted offenses in NYS. I tend to agree - unless you want to haul yourself back to NYS, just pay the ticket. You will take a hit on your insurance premiums but that's what comes with the territory.
Tux of Borg Posted October 25, 2008 Posted October 25, 2008 I'm an old pro at this. I'd normally say send in the ticket not guilty, trail date is then set. At the trial if the cops is a no show ask that "in the interest of justice I ask that these charges be dismissed, the accuser is not present for trial". If the cop shows ask to speak with the DA and plea it down, it's the American way! Since you are out of state it does not pay to go to court so send it in guilty (you do not want to be a scofflaw). If you feel the fine is too high then don't pay it. Insurance companies track you by points and you won't get points on your license from an out of state ticket. If NH and NY have a pact which they do not as far as I know, you would get a Notice of Drivers License Suspension in the mail, 3 to 6 months later from your home state NH stating that it you do not pay the fine from the NY by such and such a date your license will be suspended, in which case you pay it. The points still will not follow you to NH from NY. What wonderful advice, don't pay the traffic ticket and hope the DMV doesn't suspend your license. NH and NY are both NRVC compact states. Which is a little misleading since all 50 DMVs now talk together online. Alot of people don't even know their DLs are suspended until they hit a checkpoint or are involved in a traffic stop. In either case, the driver goes to jail.
Guffalo Posted October 25, 2008 Posted October 25, 2008 Talk to NHBILLSFAN. we both got speeding tickets last year, we (NYS residents) paid ours, his is still pending 14 months later. He is from your area and has had no repercusions thus far.
Steely Dan Posted October 25, 2008 Posted October 25, 2008 I got a ticket in Pennsylvania and my insurance company told me to forget about it and it would never show up in NYS. Here's a suggestion for your courtroom trial.
Helmet_hair Posted October 26, 2008 Posted October 26, 2008 What wonderful advice, don't pay the traffic ticket and hope the DMV doesn't suspend your license. NH and NY are both NRVC compact states. Which is a little misleading since all 50 DMVs now talk together online. Alot of people don't even know their DLs are suspended until they hit a checkpoint or are involved in a traffic stop. In either case, the driver goes to jail. I guess you never have gotten a Notice of Suspension before or your just trying to scare the guy. They don't automatically suspend your license. It's a pending Suspension if the fine is not paid by a certain date. The states are not interested in taking peoples licenses away to fulfill some requirement of law to pay your debt to the people of NY, there is just no money in that. It's funny but I believe the legal system in our county is very comfortable and might even prefer people to operate in the "gray area", not a full fledged law breaker and not a goody-two-shoes that scares into submission. I think gray area people keep them in business at low cost to the tax payer.
Tux of Borg Posted October 26, 2008 Posted October 26, 2008 I guess you never have gotten a Notice of Suspension before or your just trying to scare the guy. They don't automatically suspend your license. It's a pending Suspension if the fine is not paid by a certain date. The states are not interested in taking peoples licenses away to fulfill some requirement of law to pay your debt to the people of NY, there is just no money in that. It's funny but I believe the legal system in our county is very comfortable and might even prefer people to operate in the "gray area", not a full fledged law breaker and not a goody-two-shoes that scares into submission. I think gray area people keep them in business at low cost to the tax payer. If you don't pay a traffic ticket you will be found "guilty" when you don't show up for court. At this time you will be entered into NCIC as a wanted person for failure to pay traffic tickets. Granted, you won't have a SWAT team kicking down your door, but it will be a bad day if you run into law enforcement again. I would also suggest if you pay a ticket late, to contact the clerk of court to verify they took you out of NCIC. People do go to jail from time to time for paying a ticket late and not having their name taken out of the system. You are also putting too much faith into the DMV. Some states send out letters, some don't. The states that do send out letters will send it to either a) the address on the DL; b) the address on the ticket or; c) to the address registered to the car. More often then not the person who's license is suspended doesn't find out until it's too late.
Just Jack Posted October 26, 2008 Posted October 26, 2008 If you don't pay a traffic ticket you will be found "guilty" when you don't show up for court. At this time you will be entered into NCIC as a wanted person for failure to pay traffic tickets. Granted, you won't have a SWAT team kicking down your door, but it will be a bad day if you run into law enforcement again. I would also suggest if you pay a ticket late, to contact the clerk of court to verify they took you out of NCIC. People do go to jail from time to time for paying a ticket late and not having their name taken out of the system. Agreed. A friend of mine had a bench warrant for a ticket he never took care of. He found out a couple years later when he was pulled over, and since it was a federal holiday that day, no court was open, so he spent the night in jail.
sweetbaboo Posted October 26, 2008 Posted October 26, 2008 Thank you. I did say I was willing to pay the fine. (rule #1: read post thoroughly before making snide comment.) By the way, will you be leaving the country during the Obama presidency or just hole up in your fortified bunker for 8 years? PTR Obama can do whatever the hell he wants...I just hope NH doesn't go nuts with all the democrats coming from Mass and end up joining the rest of the country with a sales and income tax...
Helmet_hair Posted October 26, 2008 Posted October 26, 2008 If you don't pay a traffic ticket you will be found "guilty" when you don't show up for court. At this time you will be entered into NCIC as a wanted person for failure to pay traffic tickets. Granted, you won't have a SWAT team kicking down your door, but it will be a bad day if you run into law enforcement again. I would also suggest if you pay a ticket late, to contact the clerk of court to verify they took you out of NCIC. People do go to jail from time to time for paying a ticket late and not having their name taken out of the system. You are also putting too much faith into the DMV. Some states send out letters, some don't. The states that do send out letters will send it to either a) the address on the DL; b) the address on the ticket or; c) to the address registered to the car. More often then not the person who's license is suspended doesn't find out until it's too late. No, you are missing the point or did not read my first post, you can not be found guilty twice when you send the ticket back in GUILTY there is no trial nor hearing date set to appear for, its over, a judgment have been determined the only thing left to do is pay a fine. It is NOT AGAINST THE LAW to not pay a fine, there are no debtors prisons, but what they can do is take your PRIVILEGE to drive away until you do. As far as not getting a notice of pending suspension I have always gotten one in the mail. If you move around a lot I guess it could be sent to your old address. In the last 8 years I have gotten at least 8 traffic violations for which most of them I have pleaded down before trial. I never pay the fine after the judgment I make them work for their money just like I have to. I also hope that my fine gets lost in the giant paper monster, which has only happened to me once in the last 20 years. Out of state violations do not become points on your own states drivers license. NRCV nor DLA cover the points and insurance issue in the states compact, Just unpaid fines, scofflaws and driver information BETWEEN STATES not insurance companies and states. States do not have a standardized points system what may be a moving violation and points assets in one state may not be the case in another, but they are trying to expand the Drivers License Agreement (DLA) to a one country wide license and point system which will change everything. I have gotten tickets in PA, MD and VA and my insurance has never caught it, even when I switched insurers. BTW, in NYS points will stay on your license for 18 months but insurance company will hold it against you for 3 years.
Alaska Darin Posted October 27, 2008 Posted October 27, 2008 No, you are missing the point or did not read my first post, you can not be found guilty twice when you send the ticket back in GUILTY there is no trial nor hearing date set to appear for, its over, a judgment have been determined the only thing left to do is pay a fine. It is NOT AGAINST THE LAW to not pay a fine, there are no debtors prisons, but what they can do is take your PRIVILEGE to drive away until you do. As far as not getting a notice of pending suspension I have always gotten one in the mail. If you move around a lot I guess it could be sent to your old address. In the last 8 years I have gotten at least 8 traffic violations for which most of them I have pleaded down before trial. I never pay the fine after the judgment I make them work for their money just like I have to. I also hope that my fine gets lost in the giant paper monster, which has only happened to me once in the last 20 years. Out of state violations do not become points on your own states drivers license. NRCV nor DLA cover the points and insurance issue in the states compact, Just unpaid fines, scofflaws and driver information BETWEEN STATES not insurance companies and states. States do not have a standardized points system what may be a moving violation and points assets in one state may not be the case in another, but they are trying to expand the Drivers License Agreement (DLA) to a one country wide license and point system which will change everything. I have gotten tickets in PA, MD and VA and my insurance has never caught it, even when I switched insurers. BTW, in NYS points will stay on your license for 18 months but insurance company will hold it against you for 3 years. It takes a special person to argue with a police officer.
Helmet_hair Posted October 27, 2008 Posted October 27, 2008 It takes a special person to argue with a police officer. Normally I'd agree with you, and I guess you are saying detox is a cop, if so he or she is probably a very competent one and knows what he is talking about but I've gotten a lot of bad advice from cops on how our court system and DMV works, my uncle having the worst advice and he is a smart cop that worked his way up from a patrolman to detective to Sargent. Everything I know about traffic violations is based on my experience with the courts in NYS not hearsay. Each judge and municipality is different, I know this because I have test a fair number of them and no two operate the same. Not all judges put down a guilty plea and sign benchwarrents for no shows, some kick it back to the DMV and you will once again get a notice to show up in court by a certain date or risk suspension and scofflaw. I would NEVER recommend ignoring a citation, get a judgment on it first. Once you pay a fine to avoid a suspension KEEP THE RECEIPT it's your temporary license that will keep the cops from hauling you in if you get stopped again and the DMV has not updated there info yet.
The Dean Posted October 27, 2008 Posted October 27, 2008 It takes a special person to argue with a police officer. I'll take a lawyer's advice over a cop's, on questions like this.
Ned Flanders Posted October 27, 2008 Posted October 27, 2008 Here's one with a good ending...the wife was pulled over for speeding down here in Fairfax, VA about a month ago...as the officer approached the vehicle, he saw the Bills license plate frame...he told my wife he was from WNY and a huge Bills fan...she got off with a warning.
PTS Posted October 27, 2008 Posted October 27, 2008 You need to call the court where you are asked to appear and explain your situation. I'm not sure where you got your ticket but a lot of NY towns now have an easy process that you can go through if this is your first speeding ticket in a few years. Many courts will now send you a form where you can plead guility to non-moving violations, pay the fine ($100 to $150) and be done with it. This is only offered to people who have not had speeding tickets in the past few years. They usually require a copy of your driving record (driver's abstract) from your state's DMV
Tux of Borg Posted October 27, 2008 Posted October 27, 2008 No, you are missing the point or did not read my first post, you can not be found guilty twice when you send the ticket back in GUILTY there is no trial nor hearing date set to appear for, its over, a judgment have been determined the only thing left to do is pay a fine. It is NOT AGAINST THE LAW to not pay a fine, there are no debtors prisons, but what they can do is take your PRIVILEGE to drive away until you do. Correct, they can't throw you into debtors prisoner or put a lean on your house. However, they can sell your debt to a collection agency and inturn, screw your credit. Out of state violations do not become points on your own states drivers license. Depends on the state and what you were charged with. For example, if a NC resident receives a "careless operation" ticket in South Carolina, the NC DMV recognizes that as a 6 point violation. NRCV nor DLA cover the points and insurance issue in the states compact, Just unpaid fines, scofflaws and driver information BETWEEN STATES not insurance companies and states. States do not have a standardized points system what may be a moving violation and points assets in one state may not be the case in another, but they are trying to expand the Drivers License Agreement (DLA) to a one country wide license and point system which will change everything. I have gotten tickets in PA, MD and VA and my insurance has never caught it, even when I switched insurers. BTW, in NYS points will stay on your license for 18 months but insurance company will hold it against you for 3 years. NRVC is the standard used by most states. The DLA has been around for over 10 years now and nobody uses it.
PromoTheRobot Posted October 27, 2008 Author Posted October 27, 2008 You need to call the court where you are asked to appear and explain your situation. I'm not sure where you got your ticket but a lot of NY towns now have an easy process that you can go through if this is your first speeding ticket in a few years. Many courts will now send you a form where you can plead guility to non-moving violations, pay the fine ($100 to $150) and be done with it. This is only offered to people who have not had speeding tickets in the past few years. They usually require a copy of your driving record (driver's abstract) from your state's DMV Thanks. I tried calling the Town of Brutus (Cayuga Co.) and the phone was busy all day. I sent an e-mail and got no reply. I'll try again tomorrow. I have a feeling they aren't very helpful. PTR
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