Should I plead guilty to a speeding ticket or hire a lawyer for it?
February 10, 2025 9:16 AM Subscribe
Should I plead guilty and pay a fine and fee for a speeding ticket or hire a lawyer to handle it for me? (83 in a 55 in Westchester, NY.) Additional details below.
1. I live in NYC and this was a rental car, so I can't really get to court for the date on the ticket myself. I can plead guilty by mail. Or a lawyer can show up for me.
2. I consulted with a lawyer and they said that they suspect that 83 in a 55 if I plead guilty would be a maximum fine of $393 and 6 points on my license, which would lead to a $300 Driver Responsibility Assessment Fee.
3. I don't own a car or have car insurance, and I have no plans to buy a car or to need car insurance any time in the future.
4. The lawyer I consulted said they charge $500. They say they can likely get me a lower fine on the ticket and lower the points below 6 points, which I believe would then remove the $300 Driver Responsibility Assessment Fee.
5. The lawyer has a money back guarantee that if they can't reduce the points below six, they refund my payment to them.
6. It seems like I am looking at $699 and 6 points without the lawyer and $500 plus an indeterminate fine for the speeding ticket, with the lawyer.
Does one of these options seem better? Have you been in a similar situation and did you plead guilty or use a lawyer? Are you happy with how you handled it?
1. I live in NYC and this was a rental car, so I can't really get to court for the date on the ticket myself. I can plead guilty by mail. Or a lawyer can show up for me.
2. I consulted with a lawyer and they said that they suspect that 83 in a 55 if I plead guilty would be a maximum fine of $393 and 6 points on my license, which would lead to a $300 Driver Responsibility Assessment Fee.
3. I don't own a car or have car insurance, and I have no plans to buy a car or to need car insurance any time in the future.
4. The lawyer I consulted said they charge $500. They say they can likely get me a lower fine on the ticket and lower the points below 6 points, which I believe would then remove the $300 Driver Responsibility Assessment Fee.
5. The lawyer has a money back guarantee that if they can't reduce the points below six, they refund my payment to them.
6. It seems like I am looking at $699 and 6 points without the lawyer and $500 plus an indeterminate fine for the speeding ticket, with the lawyer.
Does one of these options seem better? Have you been in a similar situation and did you plead guilty or use a lawyer? Are you happy with how you handled it?
I haven't had a ticket in awhile, but I would always DIY bargain down so I didn't have any points (same thing the lawyer would do for you.) Good experiences. I'd get more clarity on how far down the lawyer expects to bargain in the pretrial; you should go for zero points.
I wouldn't just take the hit and assume I wouldn't be driving soon and wouldn't be pulled over again if so. Speeding is a hard habit to break, especially when life is stressing you or making you feel emotional, and those are times when you might be forced to rent a car again. You almost went 30 over, which is a big jump in penalties in many states, and you would need a clean record to handle that.
posted by michaelh at 9:34 AM on February 10 [1 favorite]
I wouldn't just take the hit and assume I wouldn't be driving soon and wouldn't be pulled over again if so. Speeding is a hard habit to break, especially when life is stressing you or making you feel emotional, and those are times when you might be forced to rent a car again. You almost went 30 over, which is a big jump in penalties in many states, and you would need a clean record to handle that.
posted by michaelh at 9:34 AM on February 10 [1 favorite]
I am in northern Westchester County. My strategy has been to plead not guilty by mail. They will then set a court date. Prior to the court date, I contact the jurisdiction DA and "see how we can work this out". For most towns in Westchester, they are looking for the fine, not the points. It really depends on if it was a County cop or a State cop that pulled you over. Most DAs will negotiate to a lesser offense (lower points or no points), but keep the fine as close to the listed fine for the original accused violation.
I think you are somewhat unique in that you are not a daily or often driver. Most of those worry a lot about their insurance rates and getting their license suspended. I would think you care more about the money as the points will fall off your license over time.
The County or the Town want the fine higher because depending on the violation and where it happened, they get to keep most of the money and not have to split it with the State.
The reason the lawyer can give a money back guarantee and claim to get your points lowered is because the local DAs negotiate it down for everyone who makes the effort to show up themselves or hite a lawyer. They really do not want to go to trial over a speeding ticket. They want to maximize revenue to pay for the police to give more speeding tickets.
I have actually gone to trial over a speeding (radar) ticket because there was no local DA to negotiate. It was just me against the cop. When I started asking the officer when his radar unit was last calibrated and then when was the tuning fork calibrated, he started claiming it was irrelevant. The judge saw it my way and found me "guilty" because I did not have the actual cite of the driving regulation rule that talks about accuracy of radar, but fined me $5 and no points.
My plan would be to plead not guilty and wait for the court date. Then, a few days before the court date, I would call the court and ask to speak to the DA that handles the case and see if he can negotiate it down without you having to go to the date. If he says you have to come in, ask for a new date that fits you better.
Where was the ticket given? For northern Westchester, the Saw Mill is County and the Taconic/Sprain is State.
posted by JohnnyGunn at 9:40 AM on February 10 [5 favorites]
I think you are somewhat unique in that you are not a daily or often driver. Most of those worry a lot about their insurance rates and getting their license suspended. I would think you care more about the money as the points will fall off your license over time.
The County or the Town want the fine higher because depending on the violation and where it happened, they get to keep most of the money and not have to split it with the State.
The reason the lawyer can give a money back guarantee and claim to get your points lowered is because the local DAs negotiate it down for everyone who makes the effort to show up themselves or hite a lawyer. They really do not want to go to trial over a speeding ticket. They want to maximize revenue to pay for the police to give more speeding tickets.
I have actually gone to trial over a speeding (radar) ticket because there was no local DA to negotiate. It was just me against the cop. When I started asking the officer when his radar unit was last calibrated and then when was the tuning fork calibrated, he started claiming it was irrelevant. The judge saw it my way and found me "guilty" because I did not have the actual cite of the driving regulation rule that talks about accuracy of radar, but fined me $5 and no points.
My plan would be to plead not guilty and wait for the court date. Then, a few days before the court date, I would call the court and ask to speak to the DA that handles the case and see if he can negotiate it down without you having to go to the date. If he says you have to come in, ask for a new date that fits you better.
Where was the ticket given? For northern Westchester, the Saw Mill is County and the Taconic/Sprain is State.
posted by JohnnyGunn at 9:40 AM on February 10 [5 favorites]
You don't want a 6 point ticket on your record. In addition to being one additional ticket away from losing your license, it will come up on background checks in an unfavorable way. (Not as bad as a DUI, but still bad.)
There are some great, and some not so great, Westchester traffic lawyers. Make sure you have someone who is in traffic court multiple times a week and (s)he's able to deliver what you promise.
posted by MattD at 9:42 AM on February 10 [1 favorite]
There are some great, and some not so great, Westchester traffic lawyers. Make sure you have someone who is in traffic court multiple times a week and (s)he's able to deliver what you promise.
posted by MattD at 9:42 AM on February 10 [1 favorite]
Response by poster: The ticket was on Interstate 87 and the court date is at Ardsley Village Court. The ticket was from the NY State Police.
posted by davidstandaford at 9:48 AM on February 10
posted by davidstandaford at 9:48 AM on February 10
Car rental companies might be able to see your driving record and raise your rates if not refuse you altogether.
But speaking of rental companies, if you have doubts about the speed, wouldn't they have a record of it?
posted by jamjam at 10:04 AM on February 10
But speaking of rental companies, if you have doubts about the speed, wouldn't they have a record of it?
posted by jamjam at 10:04 AM on February 10
Reducing the points is a good idea. In NY you have to pay a fee every year that you have points on your license, so there's some additional fees until the points are all cleared. I vote lawyer.
I don't know if this influences your calculation, but I grew up in Ardsley; it's a small town with a small court.
posted by Ragged Richard at 10:11 AM on February 10
I don't know if this influences your calculation, but I grew up in Ardsley; it's a small town with a small court.
posted by Ragged Richard at 10:11 AM on February 10
They really do not want to go to trial over a speeding ticket
Yeah.
When I went to plead not guilty to a traffic ticket there were a number of paralegals there . Each with a fistful of tickets. They would advertise zero points or your money back
They would negotiate with the prosecutor to a fine and zero points
Clerk told me to just plead not guilty and wait. A month or two later the ticket was dropped .
Got notice in the mail.
Was no need to go to court.
posted by yyz at 10:17 AM on February 10 [3 favorites]
Yeah.
When I went to plead not guilty to a traffic ticket there were a number of paralegals there . Each with a fistful of tickets. They would advertise zero points or your money back
They would negotiate with the prosecutor to a fine and zero points
Clerk told me to just plead not guilty and wait. A month or two later the ticket was dropped .
Got notice in the mail.
Was no need to go to court.
posted by yyz at 10:17 AM on February 10 [3 favorites]
Interstate sections outside NYC move very fast when open (80-90mph). So it's probably more like 83 in a de-facto 75. Going 55 in this area could cause an accident. This is assuming OP was more-or-less doing what everyone else was doing.
I'd hire the lawyer and keep my record clean of points.
Also - PSA since you don't drive much - most places keep it under 80 and you'll be ok. Over 80 things start to get weird. For example, in Virginia you're looking at reckless driving charge which is an actual criminal offense. Make sure you're getting passed by other drivers from time to time. If you're passing everyone, then they know something you don't.
Good luck!
posted by everythings_interrelated at 10:30 AM on February 10 [5 favorites]
I'd hire the lawyer and keep my record clean of points.
Also - PSA since you don't drive much - most places keep it under 80 and you'll be ok. Over 80 things start to get weird. For example, in Virginia you're looking at reckless driving charge which is an actual criminal offense. Make sure you're getting passed by other drivers from time to time. If you're passing everyone, then they know something you don't.
Good luck!
posted by everythings_interrelated at 10:30 AM on February 10 [5 favorites]
Mod note: One comment deleted. Let's be gentle and avoid calling anyone an entitled asshole.
posted by loup (staff) at 11:06 AM on February 10 [4 favorites]
posted by loup (staff) at 11:06 AM on February 10 [4 favorites]
How long ago did you get the ticket? I got a similar ticket in upstate New York, and approximately 2-3 weeks after the violation I got a letter from the court saying I could ask for a "reduction." (I asked about it here.) Like JohnnyGunn said, the town doesn't really care about you one way or the other; they want the $.
posted by BlahLaLa at 11:11 AM on February 10
posted by BlahLaLa at 11:11 AM on February 10
The deleted comment was mine. Here is the advice it contained, stripped of its accompanying rationale.
83 in a 55? Busted fair and square? Pay up, wear the penalty points and the increases in rental costs and risk of licence suspension, and think of it all as cost of education and the licensing system working exactly as it should.
posted by flabdablet at 11:15 AM on February 10 [14 favorites]
83 in a 55? Busted fair and square? Pay up, wear the penalty points and the increases in rental costs and risk of licence suspension, and think of it all as cost of education and the licensing system working exactly as it should.
posted by flabdablet at 11:15 AM on February 10 [14 favorites]
Ardsley? Coming down the hill going north past the rest area? Known trap there. Or coming south about a half mile past the exit to the Saw Mill, also a lot of times a cop is around a small bend.
Anyway, as Ragged Richard noted, Ardsley is a small town government. I would plead not guilty on the back of the ticket and mail it in. Then I would do as I suggested above, call the local court and ask to speak to the DA. If they won't deal, hire the lawyer who probably has done this with Ardsley more times than you or I care to know.
You can always hire the lawyer, try it yourself first. Ask them outright if they can do anything about the points. What can we agree to to save us both time and money but also appreciate there was a ticket issued. I am willing and ready to go get a lawyer, but I would rather work something out where Ardsley benefits rather than a lawyer.
You know what the worse case scenario is already. Worth a shot. YMMV.
posted by JohnnyGunn at 11:53 AM on February 10 [3 favorites]
Anyway, as Ragged Richard noted, Ardsley is a small town government. I would plead not guilty on the back of the ticket and mail it in. Then I would do as I suggested above, call the local court and ask to speak to the DA. If they won't deal, hire the lawyer who probably has done this with Ardsley more times than you or I care to know.
You can always hire the lawyer, try it yourself first. Ask them outright if they can do anything about the points. What can we agree to to save us both time and money but also appreciate there was a ticket issued. I am willing and ready to go get a lawyer, but I would rather work something out where Ardsley benefits rather than a lawyer.
You know what the worse case scenario is already. Worth a shot. YMMV.
posted by JohnnyGunn at 11:53 AM on February 10 [3 favorites]
It was explained to me a long time ago (by a friend who was serving as a traffic court judge) that all the municipality cares about is the income. They don’t care what the charges ultimately are, as long as they get their money. I had gotten a speeding ticket, and was able to plead to a lesser charge (disturbing the peace, I think) The fine was a bit higher, but I avoided the points on my record.
Maybe your lawyer can arrange something similar so you can avoid the points?
posted by Thorzdad at 12:09 PM on February 10
Maybe your lawyer can arrange something similar so you can avoid the points?
posted by Thorzdad at 12:09 PM on February 10
If your username is related to your real name, consider asking the mods to anonymize this post.
posted by moosetracks at 12:44 PM on February 10 [1 favorite]
posted by moosetracks at 12:44 PM on February 10 [1 favorite]
Weiss & Associates, P.C.
432 Park Avenue South
9th Floor
New York, NY 10016
212-683-7373 Phone
212-726-0135 Fax
Did a great job for me when I had a difficult NYC traffic ticket.
posted by JimN2TAW at 2:09 PM on February 10
432 Park Avenue South
9th Floor
New York, NY 10016
212-683-7373 Phone
212-726-0135 Fax
Did a great job for me when I had a difficult NYC traffic ticket.
posted by JimN2TAW at 2:09 PM on February 10
Mod note: Another one deleted; please stop reposting. I know it can be frustrating when you really want to talk about related issues rather than the actual, specific question, but this is the founding basis of Ask Metafilter: comments should answer the posted question rather than discuss / argue the situation. Unless OP is asking for further thoughts and ideas, please stick to the question plainly asked or skip the thread. Thank you.
posted by taz (staff) at 12:04 AM on February 11 [2 favorites]
posted by taz (staff) at 12:04 AM on February 11 [2 favorites]
The police officer has to show up to the court date or the ticket get thrown out. Most of them don't. So I'd just wait, show up to court, and if the officer is there you can ask for a reduction in points and fees.
posted by ananci at 10:20 AM on February 11
posted by ananci at 10:20 AM on February 11
IANAL and this isn't legal advice.
Smart people have told me that it's always better to have (or consult) a lawyer any time you have to interact with the legal system/show up in court. Don't be afraid to consult another lawyer, price vs. effectiveness can be a tough line to navigate.
Personally, if the fine/points feel egregious I'd try to contest it. If it were just the fine, I'd probably pay it, but taking the hit on those points seem like asking for long term trouble and my biggest priority would be getting those knocked down or dismissed. Since it's obviously a speed trap, you would think that there should be room to bargain.
Good luck.
FE: JohnnyGunn has some great advice up thread, even more so since it's local.
Disclaimer: I got a speeding ticket in whatever county Rochester, NY is in a couple of decades ago and it's always in the back of my mind every time I fly to NYC.
posted by Sphinx at 11:51 AM on February 11
Smart people have told me that it's always better to have (or consult) a lawyer any time you have to interact with the legal system/show up in court. Don't be afraid to consult another lawyer, price vs. effectiveness can be a tough line to navigate.
Personally, if the fine/points feel egregious I'd try to contest it. If it were just the fine, I'd probably pay it, but taking the hit on those points seem like asking for long term trouble and my biggest priority would be getting those knocked down or dismissed. Since it's obviously a speed trap, you would think that there should be room to bargain.
Good luck.
FE: JohnnyGunn has some great advice up thread, even more so since it's local.
Disclaimer: I got a speeding ticket in whatever county Rochester, NY is in a couple of decades ago and it's always in the back of my mind every time I fly to NYC.
posted by Sphinx at 11:51 AM on February 11
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You need to decide how often you plan to drive in the next year and a half and what it's worth. Personally, I'd rather pay the lawyer (since you say you can't get to Westchester and need to do it by mail, anyway), get the points knocked down, and know that in the event of an emergency, you don't need to worry about getting pulled over and suspended (who drives 55mph in Westchester unless they want to be rear-ended?). Or even worse, get suspended and not have a valid license.
posted by dancinglamb at 9:31 AM on February 10