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Ticket-Fighting Tips from a New York Lawyer

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Old Apr 2, 2011 | 11:30 AM
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Ticket-Fighting Tips from a New York Lawyer

(Car & Driver Feature Article - Apr 2011)
The full version can be found @ http://www.caranddriver.com/features...lawyer-feature
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Casey Raskob got involved with traffic law the same way most people do: He got a speeding ticket. But unlike the rest of us, Raskob, then a recent law-school graduate, immersed himself in the legal codes. That was more than 20 years ago. Since then, he’s worked as a full-time traffic attorney (www.speedlaw.net) in one of the country’s toughest regions: New York state. Since we’re ever-so-slightly likelier than most people to receive speeding tickets, we gave Raskob a call to ask why hiring a lawyer works and what he’s learned over the years.




Fighting a traffic ticket isn’t cheap. What does your fee buy that I can’t do myself?
First off, you don’t have to deal with it. I’m one-stop shopping. I handle the correspondence, I do the negotiating, I go to court for you. Second, you’re taking a big kid to the fight. The fact that you’ve come with the implied threat of trying the case is very helpful. Third, if you go in yourself, you really don’t know how to try the case. And not that a traffic trial is all that difficult, but you don’t know what the cop's supposed to say, what evidence he’s supposed to have, what discovery you’re entitled to.
How do you negotiate a plea bargain? Whom do you talk to? What do you say?
It differs from place to place. Depending on jurisdiction, I’m talking to either the cop who wrote the ticket or the prosecuting attorney. Usually a case is put on for trial, and this is a discussion prior to that. As an attorney, I say, “I represent this person, and you got him for 80 in a 55,” and then I’ll try to work out the lowest possible deal—a reduced speed or a non-speed. There are no magic words, there is no incantation, there’s nothing in Latin that you say. You just really need to know your local area. Some judges are more strict, some are more lenient. When I go someplace, I generally know what the judge will accept. But it’s a level of slippage I’m getting you, it’s not a guarantee. Of course, if I don’t agree with what they offer, the implicit threat is that I’ll go to trial. And, like I said, no one wants that. But I’ve had situations where I get a crappy offer—I’ll go in with a four-point speed and get offered a three-point speed—and I’ll try it because there’s very little risk to my client.
What are some of the biggest truths about why and to whom cops give tickets?
Realistically, when it comes to who gets tickets, sports cars come first, and then motorcycles. Anything that makes speed obvious. It doesn’t have to be expensive, it just has to get their attention: Put a wing on your Civic. Rich guys go second, any of your status brands. In New York City, I’ve sat behind cops who apparently only write up BMW, Land Rover, Porsche, Mercedes, and Audi.
What’s the largest number of tickets you’ve managed to get dismissed for someone?
My record is probably one I call “Hyper Guy.” He was on the New York Thruway and passed a cop at 110 mph. But he didn’t see him because he was testing his car’s top speed. He eventually brought it up to about 130. He got written 26 points’ worth of tickets—11 is suspension [in New York]. What was important in this case was that when he stopped and they searched him, he was clean and sober. He was polite. He was apologetic. He told them that he sincerely did not see the cop trying to chase him two towns back. So even though he was a flagrant violator, we worked out a deal where he got some points, but we saved his license. He paid maximum fines, of course.
Any last bit of advice?
Fight every ticket because it’s an odds game. There are odds of getting a ticket. There are odds of being pulled over by a good cop or a bad cop. There are odds of getting a write-down. When you get to court, there are odds of getting a break. Most judges are looking to give you a break—if you’re deserving.
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Old Apr 2, 2011 | 11:35 AM
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I have fought tickets in court on my own and with a lawyer. The lawyer always seem to get a better settlement in your favor. I usually use the lawyer only for the more critical situations.
Some on here say you did the crime, just pay up. The charges you are accused of aren't written in stone and can be changed. You aren't guilty of anything until the Judge has his final ruling.
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Old Apr 2, 2011 | 11:49 AM
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yeah i figured that out the hard way. got a speeding ticket for doing 40 on a 30 while cars and trucks were passing me. and i got 2 tickets for tailgating and changing lanes without signaling while avoiding to hit a woman who was on her cell while driving and stepping on her brakes suddenly. When he pulled me over, he told me wat he was stopping me for but didnt let me even try to explain to him why. He just didnt want to hear my explanation. It was a pretty empty street and he saw all of this from about 2 lights away. go figure. NYPD at its best !
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Old Apr 2, 2011 | 12:09 PM
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Dunno about you papo but at least here you have the right to add your opinion to the record they file...
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Old Apr 2, 2011 | 12:20 PM
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From: Buddhist Monastery, High Himalaya Mtns. of Tibet
Originally Posted by paporx8
yeah i figured that out the hard way. got a speeding ticket for doing 40 on a 30 while cars and trucks were passing me. and i got 2 tickets for tailgating and changing lanes without signaling while avoiding to hit a woman who was on her cell while driving and stepping on her brakes suddenly. When he pulled me over, he told me wat he was stopping me for but didnt let me even try to explain to him why. He just didnt want to hear my explanation. It was a pretty empty street and he saw all of this from about 2 lights away. go figure. NYPD at its best !
A state patrol officer once charged me with driving to closely. The judge asked if there was an accident, the officer answered no and that one was thrown out.
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Old Apr 2, 2011 | 04:28 PM
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I HATE SPEEDBUMPS!
 
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Thanks for that info. I'll keep that in mind.
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Old Apr 2, 2011 | 04:36 PM
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This is good to know but as of right now I'm still fighting my case or actually extending the date..
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Old Apr 2, 2011 | 11:25 PM
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Originally Posted by paporx8
yeah i figured that out the hard way. got a speeding ticket for doing 40 on a 30 while cars and trucks were passing me. and i got 2 tickets for tailgating and changing lanes without signaling while avoiding to hit a woman who was on her cell while driving and stepping on her brakes suddenly. When he pulled me over, he told me wat he was stopping me for but didnt let me even try to explain to him why. He just didnt want to hear my explanation. It was a pretty empty street and he saw all of this from about 2 lights away. go figure. NYPD at its best !
tell me about it buddy.

NYPD, they always talk about their "CPR" standard. I just called them "C***sucking Professional Retards"

I got bs speeding tickets 2 yrs ago, no one there drives at speed limit, its the ramp to williamsburg bridge, if you can find 1 person that drives at or below 30mph there when the traffic is clear I give u a 100 bux. that douche was just trying to fill his quota. and lots of othre bullshit tickets

Ahh whatever
Mod Edited for Language
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Old Apr 3, 2011 | 04:11 AM
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From: Communistwealth of Virginia
Ticket fighting tips from a Virginia non-lawyer:

If you're a hot female with nice *****, you get a warning, unless you've done something that can't be swept under the rug (i.e. collision).

If you have a *****, you get a ticket 99% of the time you get pulled over. 100% of the time if there is anyone else in the car (since you are "endangering their lives").

In VA cops rarely pull people over for 6-9 over the speed limit on the highway. They are sometimes stricter in residential areas, but usually 5 over is a safe bet because it isn't worth their time in court. And the lower the posted speed limit, the less forgiving they are. {deity} help you if you speed in a school zone and get caught. Zero mercy for that one (and rightfully so).
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