Just got ticket in NY, I'm from Canada... what to do?

[oncogene]

Hi, need some helps here...

I live in Ontario, Canada, but I was just in NY for the long weekend. On the way back, just about 10 min from crossing the boardor back into Canada(!!), on I-81 in the middle or nowhere, no traffic, a cop was hiding behind the trees ( no kidding!) and got me going at 81miles/h, limit is 65mph. If you translate back to Km/hour, that it's like 129 over 104 km/h, for Canadian readers here.

The ticket has no set fine/penalty on it. The cop said I have to sign (guilty or not) and send it to the US court which will then send me back to penalty info.

So The questions are:

1) Do we Canadian have to pay for any US traffic ticket? (tho I'll probably pay for it anyway since I do go to US once awhile so I don't want to get in trouble if I get caught again (touch wood) next time perhaps?))

2) If there's demerit point from the US court decision, it shouldn't affect my driving record in CANADA, right? My license is still clean darnit!

3) Will my insurance company in Canada knows about it at all?

4) How much the fine/penalty will be normally in NY state for 81 over 65 on interstate?

Any hints appreciated.

The irony of this ticket was the whole 6-7 hours drive back from NY, I was going at only 110-120km/h max (ie ~70-75 mile/hour on 65mile/hour road). It's just that last bit of "home run" being so glad that I'm finally back soon and there was no other car around at all, that I went a lil faster. WORSE yet was I noticed that small area of trees within the otherwise open area and I actually thought about cop hiding there and I WAS SLOWing down already. But I guess the cop got me before I slowed but still... darn!!

[dvader72]

I found this on the Province of Ontario website (http://www.mto.gov.on.ca/english/dan...er/demerit.htm and it's at the bottom titled: Demerit Points for out-of-province convictions). As far as demerit points go, unfortunately, you will get some points (3 points I believe). And since you get demerit points, your insurance company will probably find out too, which also means you'll need to pay the fine. I don't know what the fine is though.

Sorry to hear about your ticket! It sucks...good luck though! You may want to see if X-Copper or Pointts can do anything? Not sure if they can...

[oncogene]

ah well f0ck....thanks tho

Drivers convicted of a driving related offence in the State of New York, the State of Michigan...

and just for those 2 states only too.... I so stepped in at the wrong place at the wrong time.

Maybe if I had started to slow down 1-2 sec earlier...
Maybe if the other gal in the car wasn't demanding a washroom break just a few min before the cop ....
Maybe if I wasn't so nice to drive the whole 6-7hrs trip with the 5 other ppl in the car who didn't quite want to drive...

Guess have to call those X-Copper etc and see what they say and can/cannot do. The only slightly good thing is the court address on the ticket is only about an hour of drive in NY from my place in Ontario so at least it's possible to go to court if it comes to that. I wonder if I can hire those ticket fighter in US to help?! The court address is only a small town tho, duno if any ticket fighter there....

[Zesti1]

I wonder if NY has first attendance preceedings like we do here in ON??? That way you could go to that and plea down your fine and get no points taken off.

[oncogene]

I wish so. I'm not toooo concern about the fine as long as it's not outrageous (altho it looks like it will be). But I'm more worry about the points, that's like a long term fine once the insurance finds out... -_-


So anyone from NY (esp north of Watertown and around) knows of any good traffic ticket fighters? Any advice appreciated.

[eidling]

Here's what you could do to avoid getting both points and insurance problems. I've done this before and it worked so don't take this as some scam or urban legend I heard somewhere. I've done it and it works. First, when you receive the fine send in an amount of 10 dollars over the actual amount of the ticket. Do so in like a money order or something. Then by law the court will be obligated to send you back a check for the difference in the ticket and what you paid. When you get this check back DO NOT cash it. Once the check is cashed the file is closed and the insurance companies can look it up and find it. Also points will be applied if you cash the check. If you DON'T cash the check then they can't close the file and insurance cannot identify the ticket and points will not go on your license. The file will not be closed until you cash that check. I did this about 3 years ago and still have the check just in case something were to go awry however thus far I'm clean. Just a thought for you if you are looking to beat the system.

[oncogene]

Originally Posted by eidling

Here's what you could do to avoid getting both points and insurance problems. I've done this before and it worked....

That's interesting, I'll keep this in mind and try it if all else fails.

Mind if I ask where in US u got ticketed, just for comparison?

[PhoenixDown]

First, when you receive the fine send in an amount of 10 dollars over the actual amount of the ticket.

That will not work in the state of NY. There systems aren't susceptible to that.

What I'd suggest is calling a dmv lawyer in that area. You may be able to get a free consultation by phone. They would be better able to tell you what kind of penalties your looking and they may be able to get that pleaded down to a parking ticket in the system.

[Fishytron]

say "screw you americans" (bad french accent), and just run.

[eidling]

Originally Posted by PhoenixDown

That will not work in the state of NY. There systems aren't susceptible to that.

What I'd suggest is calling a dmv lawyer in that area. You may be able to get a free consultation by phone. They would be better able to tell you what kind of penalties your looking and they may be able to get that pleaded down to a parking ticket in the system.

Why will it not work in New York? What is different about new york systems than other states?

[letsgoflyers81]

I don't know how it would work for a Canadian getting a ticket in America, but I can tell you how it would work if it was the other way around. If you get a ticket out of state (let alone out of country) then you won't get any points (demerits) on your license and it won't affect your insurance. All you'd need to do is pay the fine and you're done. I'm from PA and my brother has gotten a ticket in NY and I have a friend who got a ticket in Canada, I think in Quebec. They had to pay the fines but that was it.

[zadscmc]

Originally Posted by eidling

. First, when you receive the fine send in an amount of 10 dollars over the actual amount of the ticket. Do so in like a money order or something. Then by law the court will be obligated to send you back a check for the difference in the ticket and what you paid. When you get this check back DO NOT cash it. Once the check is cashed the file is closed and the insurance companies can look it up and find it. Also points will be applied if you cash the check. If you DON'T cash the check then they can't close the file and insurance cannot identify the ticket and points will not go on your license. The file will not be closed until you cash that check. I did this about 3 years ago and still have the check just in case something were to go awry however thus far I'm clean. Just a thought for you if you are looking to beat the system.

This does *not* work.

[oncogene]

Originally Posted by letsgoflyers81

I don't know how it would work for a Canadian getting a ticket in America, but I can tell you how it would work if it was the other way around. If you get a ticket out of state (let alone out of country) then you won't get any points (demerits) on your license and it won't affect your insurance. All you'd need to do is pay the fine and you're done. I'm from PA and my brother has gotten a ticket in NY and I have a friend who got a ticket in Canada, I think in Quebec. They had to pay the fines but that was it.

I wish that would be the case. I had a friend from Asia who was driving my car and got a ticket for making a left turn and of course that never affected him.

But my situation is "special"... I checked the Ontario government website, and there's an agreement between Ontario, State of NewYork and Michigan (the 2 neighbouring states around Ontario), that any travel tickets we get in NY or Michigan will definitely be forwared over to my Ontario driving license record. So if I plea guilty or lose my case, there will be a 3 points (according to Ontario regulation) on my driver's record here in Ontario, even I never got ticketed in Ontario. Suckiness at its finess

[amdhunter]

Umm, signing a ticket is a show of guilt in NY.

No officer can force you to sign anything.

[letsgoflyers81]

Originally Posted by oncogene

I wish that would be the case. I had a friend from Asia who was driving my car and got a ticket for making a left turn and of course that never affected him.

But my situation is "special"... I checked the Ontario government website, and there's an agreement between Ontario, State of NewYork and Michigan (the 2 neighbouring states around Ontario), that any travel tickets we get in NY or Michigan will definitely be forwared over to my Ontario driving license record. So if I plea guilty or lose my case, there will be a 3 points (according to Ontario regulation) on my driver's record here in Ontario, even I never got ticketed in Ontario. Suckiness at its finess

Hmm, I wasn't aware of any agreement like that. If you think you have a case and it's worth it to you, you can always fight it. But if they got you fair and square and it's not worth it take the time to fight it, then just let it go. It sucks but sometimes that's just the way it is.

[oncogene]

Originally Posted by letsgoflyers81

Hmm, I wasn't aware of any agreement like that. If you think you have a case and it's worth it to you, you can always fight it. But if they got you fair and square and it's not worth it take the time to fight it, then just let it go. It sucks but sometimes that's just the way it is.

Yeah, and I think it goes both way too, I think I saw that on the NY DMV website, NY residents ticketed in Ontario will get the points carried over to NY.

But this's the Ontario one, see the bottom of the page:
http://www.mto.gov.on.ca/english/dan...er/demerit.htm

And more cash grab from NY state apparently...
http://www.canada.com/globaltv/ontar...d-134228cfb845

[eidling]

Originally Posted by zadscmc

This does *not* work.

What?? Don't tell me it doesn't work. I've done, I know for a fact 100% it worked. I did it in the state of Indiana. Have you tried it? No? then how would you know if it works. I did it myself so don't discredit me because you have a hunch it doesn't. It works flawlessly. That's a fact.

[CameronJr9]

I hate to prove anyone wrong, and I especially hate to call anyone a liar, but I always like to have proof about things. It's just the journalist in me, I guess.

Myth#9: (Myth #5 is interesting as well)
http://moneycentral.msn.com/content/...51.asp?Printer

http://www.snopes.com/autos/law/ticket.asp

http://www.scambusters.org/urban-leg...g-tickets.html

[aki]

That check thing sounds iffy. They could've just lost your citation in the bureaucratic mess. Plus, if that trick *doesn't work*, you've just admitted guilt and get the extra point automatically added. Not worth the risk.

You can get the officer on technicalities:

1) Trial by Mail. Make the officer work for the ticket. Taking it to real court will make the cop show up, cus he gets paid overtime. Taking it to court *by mail*, however, forces him to write up his testimony on his own time, without pay. If he doesn't write up a testimony, the ticket is dismissed. 25% of dismissals happen cus the officer didn't write up a testimony.

2) If he did not list his cruiser # or radar unit on the ticket, you can say he has no way of validating his claim of you going 81mph, and therefore the speed reading being invalid. Without the patrol vehicle or radar unit numbers, there's no proof of his radar calibration data.

3) Request radar calibration data. If he did record his cruiser/radar unit #, in your trial by mail, say something along the lines of:

"The accuracy of relative speed radar is, in part, dependant on an accurate speedometer reading. I expect the officer to provide proof of recent speedometer calibration for the court to even consider his relative speed radar evidence. This calibration data should include the +/- degrees of error at different speeds, including my alleged speed. Please dismiss my case outright if the officer does not provide recent speedometer calibration data for police cruiser #XXX recorded on my ticket."

The officer may be lazy and not present the evidence, which casts doubt on the credibility of his claim.

Also, it's important to note that admitting you were going above the speed limit--hence violating CVC 22349(a)--greatly reduces the chance your ticket getting dismissed.

[Silver8th]

Don't feel so bad, my last speeding ticket cost me $750+
Have to be in court again court on 4-20