Legal Question in Traffic Law in New York
I received a speeding ticket for going 80 in a 65 on I-90 near Albany, NY. The sub section says 1180D. I have a clean driving record and this is my first speeding ticket. I was wondering how I would plea bargain this ticket to just a fine with no points on my record. There is a date for me to mail in my plea by. Should I mail in a not guilty plea or appear in person to submit my plea on this date? Would I be able to bargain by appearing in person or does that actually occur in a separate appearance date after I enter my plea? Is that appearance date a trail date or just a pre-trail? Thank you.
2 Answers from Attorneys
It is possible that you can plea this down to 0 points (especially given your clean record). The plea offer depends on the prosecutor and the court's practices. It is fine to enter your plea via mail. In most instances in New York, a personal appearance is required to plea down a case.
It's never a good idea to mail in a Guilty plea on any type of violation or offense unless you are certain that you won't be able to return to the court at any point in the future (e.g. out-of-country or out-of-state visitor). If you can afford to do so, you should certainly attempt to retain counsel to negotiate a better disposition. If not, then go yourself and see if there is an opportunity to speak with the town, village or city attorney to obtain a reduction in charges.
Good luck,
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