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Budjeg11
LIF Adult
Member since 4/11 2644 total posts
Name:
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Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
DH got two tickets in one shot for a seat belt and cell phone-- apparently he was pulling out of the Dunkin Donuts drive thru when his phone rang and before he got his act together I guess the cop pulled him over and issued him the tickets.. $260!!!!
I don't think he necessarily has a real defense to this but I vaguely remember reading an article a few years ago that said if you plead not guilty to a ticket they were automatically offering a reduced fine.. but I am not sure if this is only for Parking violations or if it works for moving violations too?
The tickets themselves say if you plead not guilty and then are found guilty your fine can be increased. Has this happened to anyone?
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Posted 4/15/13 11:57 AM  |
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Onemoretime
LIF Adult
Member since 9/12 1077 total posts
Name:
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
From experience and what I have been hearing, it's becoming increasingly difficult to fight tickets. If they do find you guilty they will raise your fine. They used to reduce fines, but now anymore. State needs money so not really worth fighting. I'm your case the cop saw your DH, and will show up on court
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| Posted 4/15/13 12:33 PM |
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JennZ
MY LIFE!!
Member since 8/05 25463 total posts
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Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Well if he didnt have his seatbelt on, and was using the phone...pay the ticket.
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| Posted 4/15/13 12:51 PM |
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chilltocam
LIF Adult
Member since 11/11 9141 total posts
Name:
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Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
My older stepson recently received a bunch of tickets at once (speeding, improper lane change, failure to signal etc.) I went with him to court and they reduced the points by a lot (not completely), without having to even really ask. He had to pay a pretty heft fine, but considering how bad it could have been, he got off pretty lightly. I would go to court on the date they give you and see what they do. (This was in Nassau County - it might depend on where it happened).
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| Posted 4/15/13 12:58 PM |
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Tulips915
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Member since 8/08 6851 total posts
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Me
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by JennZ
Well if he didnt have his seatbelt on, and was using the phone...pay the ticket.
Exactly.
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| Posted 4/15/13 1:00 PM |
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HoneyBadger
YourWorstNightmare.
Member since 10/06 15979 total posts
Name:
BahBahBlackJeep
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Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Tell him to plead not guilty and postpone the hearing. Keep doing this as many times as you can (I think it's three). The hope is that the cop won't be able to make it to the final date and the ticket will be dismissed.
I know this sounds crazy but it's actually the first line of defense in these situations. I know, I've been there, done it.
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| Posted 4/15/13 2:03 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
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J
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
He broke the law, didn't have a seatbelt on (why did he take his seatbelt off in a drive-thru?) and picked up a phone. Pay the ticket. What's his excuse to the judge? There is no excuse, he did something he wasn't supposed to.
Not to mention the ticket could go up once you go to court. I had a speeding ticket once, fought it, lost, and with all the fines, it doubled!
Message edited 4/15/2013 2:09:21 PM.
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| Posted 4/15/13 2:08 PM |
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by Tulips915
Posted by JennZ
Well if he didnt have his seatbelt on, and was using the phone...pay the ticket.
Exactly.
I agree. I can see fighting a ticket for certain scenarios (icy road/slipped through stop sign/got a ticket for it) but this seems kind of cut and dry. Live and learn, kwim?
I did find it funny how a cop was at DD though  of all places! Haha
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| Posted 4/15/13 2:13 PM |
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BunnyWife
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Member since 5/07 8274 total posts
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BunnyWife
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by neener1211
He broke the law, didn't have a seatbelt on (why did he take his seatbelt off in a drive-thru?) and picked up a phone. Pay the ticket. What's his excuse to the judge? There is no excuse, he did something he wasn't supposed to.
Not to mention the ticket could go up once you go to court. I had a speeding ticket once, fought it, lost, and with all the fines, it doubled!
Agreed. He broke the law. Pay the ticket. He'll get a lot more karma points by doing the right thing and not weaseling out of it.
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| Posted 4/15/13 2:15 PM |
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2BadSoSad
LIF Adult
Member since 8/12 6791 total posts
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
That stinks, but unfortunately, doesnt sound like there is much a defense to hold up. I know it is a lot now, but I think if you go and plead your case, bc yes he was ultimately driving while holding his phone and yes, he didnt have his seatbelt on, it may only make it worse on you in the long run.
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| Posted 4/15/13 2:15 PM |
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Paramount
Sweet!
Member since 7/12 4287 total posts
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by 2BadSoSad
That stinks, but unfortunately, doesnt sound like there is much a defense to hold up. I know it is a lot now, but I think if you go and plead your case, bc yes he was ultimately driving while holding his phone and yes, he didnt have his seatbelt on, it may only make it worse on you in the long run.
Based on the scenerio, I think his only choice is to plead not guilty and pay.
If he goes to court he will almost certainly lose since he has no "good" excuse. It will be worse if he goes, fights and loses, than if he pays now.
Good luck.
Message edited 4/16/2013 11:05:42 AM.
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| Posted 4/15/13 2:18 PM |
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Kitten1929
LIF Adult
Member since 1/13 6040 total posts
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Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
He is guilty. He should pay. End of story.
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| Posted 4/15/13 2:21 PM |
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MrsG823
Just call me Mommy.
Member since 1/11 5570 total posts
Name:
S
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
You need grounds for pleading not guilty and it sounds like your DH IS guilty. From what I understand they have started to increase fines if you are found guilty and plead not guilty b/c they have to PAY to staff the court for people who are trying to get out of paying fines. If your DH is lucky the judge may feel bad for him but it could back fire and your DH could end up with a much higher fine. I would write this off to the cost of a life lesson and pay the tickets. I would count my blessings that all that happen to your DH was a traffic violation and not something worse.
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| Posted 4/15/13 3:32 PM |
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Jbon630
LIF Adult
Member since 12/11 1340 total posts
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by Tulips915
Posted by JennZ
Well if he didnt have his seatbelt on, and was using the phone...pay the ticket.
Exactly.
How can you expect to get out of a ticket when you were actually guilty. Driving is driving. You can hurt someone in a parking lot just as easy as anyone else by picking up your phone.
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| Posted 4/15/13 5:09 PM |
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jennielee15
Let's try this again....
Member since 7/11 2269 total posts
Name:
Jennie
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
I have plead not guilty to moving violations I was guilty of, I don't see why I have to take the ticket if going to court will bring down my points...I don't mind paying the fine, which is the money the town or city wants anyway.....I just think that pleading not guilty can reduce the points and save you soooo much in insurance and other things....
He was talking on the phone and not wearing a seat belt...he didn't murder someone!! GEESH! Also if he had a PBA card he would have probably gotten away with a warning....Who cares if he was guilty???
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| Posted 4/15/13 5:17 PM |
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kahlua716
3 Girls for Me!
Member since 8/07 12475 total posts
Name:
Keri
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by HoneyBadger
Tell him to plead not guilty and postpone the hearing. Keep doing this as many times as you can (I think it's three). The hope is that the cop won't be able to make it to the final date and the ticket will be dismissed.
I know this sounds crazy but it's actually the first line of defense in these situations. I know, I've been there, done it.
I tried this in Suffolk a few years ago. Didn't work. The judge actually sent someone to call the cop and he showed up over an hour late.
I was NOT happy!!
(This was for rolling through a stop sign- which I still mainatain I did NOT do.)
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| Posted 4/15/13 5:30 PM |
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Kathy042806
LIF Adult
Member since 5/06 1416 total posts
Name:
Kathy
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Is this in Long Island or NYC?
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| Posted 4/15/13 6:18 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
How is his driving record?
I had a clean license and got a ticket knocked down to a parking violation.
And if this is for court in Hauppauge, don't even bother. Nothing gets knocked down there.
Also did he get the supporting depostion with the ticket? If not, request it. I did this for DH and he never received it. Ticket was tossed out.
ETS: Neither of our tickets were for a seat belt or cell phone. From what I hear the cell phone tickets are almost impossible to beat.
Message edited 4/15/2013 6:26:27 PM.
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| Posted 4/15/13 6:23 PM |
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Budjeg11
LIF Adult
Member since 4/11 2644 total posts
Name:
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by Jbon630
Posted by Tulips915
Posted by JennZ
Well if he didnt have his seatbelt on, and was using the phone...pay the ticket.
Exactly.
How can you expect to get out of a ticket when you were actually guilty. Driving is driving. You can hurt someone in a parking lot just as easy as anyone else by picking up your phone.
Often times, you plead not guilty to get a court date, then at the court date, you speak to one of the ADA's handling traffic violations that evening, and at that point you plead out-- actual guilt is usually NOt a factor in a plea bargain.. the point is you plead guilty at that point in exchange for not going to trial and getting a reduced fine.. its the way criminal court/traffic courts work... at least that's what I learned in law school . .. and what I experienced the one and only time I got a moving violation...
ANyway was just wondering if anyone had first hand experience with this and how it worked out for them.
ETA: I wasn't aware of the increased fines ... but I guess my real question is are those increased fines a result of pleading guilty and being found guilty at trial or would they still impose fines if you're disposition is a result of a plea bargain too?
Message edited 4/15/2013 6:46:16 PM.
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| Posted 4/15/13 6:39 PM |
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MrsG823
Just call me Mommy.
Member since 1/11 5570 total posts
Name:
S
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
He was talking on the phone and not wearing a seat belt...he didn't murder someone!! GEESH! Also if he had a PBA card he would have probably gotten away with a warning....Who cares if he was guilty???
Both of these actions are associated with increased probability of injury while driving. If he accidentally rear ended you I am sure you would have a different attitude.
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| Posted 4/15/13 7:42 PM |
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hope123
LIF Adult
Member since 2/08 1097 total posts
Name:
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
When I got a speeding ticket once, I plead not guilty and went in person hoping that the cop wouldn't show up and I would get away with the ticket. The cop didn't show up but i still had to pay. However, my points were reduced in exchange for paying a higher fine. Next time if I am guilty of a traffic violation, I think I would just pay the ticket. Before I met the judge, I had to meet with a women who was so obnoxious and rude. I felt ridiculous being there when I was actually really speeding. If your DH hadn't taken a defensive driving course, he could take it to bring down the points on his license.
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| Posted 4/16/13 12:19 AM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by Budjeg11
Posted by Jbon630
Posted by Tulips915
Posted by JennZ
Well if he didnt have his seatbelt on, and was using the phone...pay the ticket.
Exactly.
How can you expect to get out of a ticket when you were actually guilty. Driving is driving. You can hurt someone in a parking lot just as easy as anyone else by picking up your phone.
Often times, you plead not guilty to get a court date, then at the court date, you speak to one of the ADA's handling traffic violations that evening, and at that point you plead out-- actual guilt is usually NOt a factor in a plea bargain.. the point is you plead guilty at that point in exchange for not going to trial and getting a reduced fine.. its the way criminal court/traffic courts work... at least that's what I learned in law school . .. and what I experienced the one and only time I got a moving violation...
ANyway was just wondering if anyone had first hand experience with this and how it worked out for them.
ETA: I wasn't aware of the increased fines ... but I guess my real question is are those increased fines a result of pleading guilty and being found guilty at trial or would they still impose fines if you're disposition is a result of a plea bargain too?
This is exactly the way it works in most of Nassau. It is different in Suffolk (although I have heard they are doing pleas now too) and in NYC.
If you are in Nassau, I wouldn't plead guilty and just pay, I would get a date and try to plea it down. Everyone else does this, don't see why you shouldn't too.
The other thing to do is to request a supporting deposition (if he hasn't already gotten one). If it isn't served within 30 days, the ticket must be dismissed.
GL!
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| Posted 4/16/13 1:00 PM |
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Jugglemom
LIF Adolescent
Member since 3/12 809 total posts
Name:
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by MrsG823
He was talking on the phone and not wearing a seat belt...he didn't murder someone!! GEESH! Also if he had a PBA card he would have probably gotten away with a warning....Who cares if he was guilty???
I agree about the whole PBA card thing. I think they should be abolished. Traffic laws should apply to everyone evenly and not just those who have friends or family members who are cops. So many people I know get out of stuff with that card. I have one but honestly have never used it.
Message edited 4/16/2013 10:22:46 PM.
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| Posted 4/16/13 1:17 PM |
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
Posted by Jugglemom
I agree about the whole PBA card thing. I think they should be abolished. Traffic laws should apply to everyone evenly and not just those who have friends or family members who are cops. So many people I know get out of stuff with that card. I have one but honestly have never used it.
Message edited 4/16/2013 9:01:15 PM.
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| Posted 4/16/13 8:57 PM |
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MrsMick
Baby #2 debuts in March 2016!
Member since 9/09 1977 total posts
Name:
Michele
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Re: Does anyone have experience pleading Not Guilty to a Seat Belt and Cell Phone Ticket-- Please Help
I don't think you can plead not guilty to these. But reducing the costs of these tickets are likely.
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| Posted 4/17/13 6:56 AM |
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