Wednesday, June 07, 2006

New York speeding tickets and Ontario drivers

I get calls from Ontario and Quebec drivers who get speeding tickets in NY, and I've represented a number of them. Today I came across a page from Ontario's Ministry of Transportation that discusses the Ontario demerit point system and specifically mentions violations from New York (Michigan too).

The short story is that if an Ontario driver gets a NY traffic violation, Ontario treats it as if it happened in Ontario. Another site I read suggested that insurance rates could double for higher speeds and other offenses for 5-6 years. Ouch!

It also looks like if I can just get your speed down to 9 mph over the limit, that doesn't count as points in Ontario. Not sure about that, but maybe.


Marc said...

Hi, just found your blog, I have to say you have great SEO techniques.

I have a question regarding a reckless driving ticket in New York (essex) by a Quebec licensed driver (first ticket in 7years).

What are the chances that a plea to a 1201-a sent by mail from a new york lawyer ends up working?

Unknown said...

Marc - Thanks for your kind words. I guess I would need more detail, but a 1201-a would be an unusually good deal for a reckless driving case. I don't think I've ever seen a case where the only charge was reckless driving.

In my experience most reckless driving tickets are written accompanying a speeding ticket for a high speed. The law (VTL 1212) requires something more than just speed. We usually get the reckless dismissed along with a negotiated reduction of the speed.

If the case you describe is a reckless driving with no other tickets, then I'd have to know the underlying facts to say more.

Scatar said...

I just got a ticket in NYS just outside of Binghamton. Trooper claims that I was going 80 in a 65. I admit that I was speeding may 72 but certainly not 80. I just happened to be the last car in the pack.

He asked me to press on my GPS and noted that I had a top speed of 140 KMH and wrote that on my ticket. Since I haven't reset the GPS in the 3 years since I purchased the device I'm not sure that this would qualify.

What are the chances of getting my ticket reduced without having to appear in court?

Unknown said...

We would usually get a ticket like that reduced and our clients generally do not have to go to Court.

Lily said...

Hi, thanks for a great blog and great advice.

I have a question regarding a speeding ticket in New York state (Bethany county) by a Quebec licensed driver.

I was driving with cruise control at 65miles, in a 70 zone. An unidentified police car followed me for 3-4 miles, until he finally put his siren on and accused me on driving 90.

What are my chances at the plea barganing to have it annulled?
I will be driving down 6-7 hours to the county because I am convinced I am not guilty.
Will this help?

Also, I requested to have this date pushed back because I was away for the last couple months, but they didnt respond to the request. Should I attend anyways?

Thank You in advance :)

Unknown said...

Lily, as usual I would recommend hiring a lawyer to help with this. A lawyer can handle this without you having to go to Court. Your attendance would be irrelevant.

In most cases lawyers can get something like this reduced to a violation that would not count for points in Quebec. I doubt that it would be "annulled."

As for your request to push back the date, you would have to get an answer from the Court.

By the way, there are no "70" zones in New York.

Cam said...

Just got a ticket going 82 in a 66...thats what the ticket says. I know there are no 66 zones in NY. I'm an ontario driver, just happened to be coming over the crest of a hill and there he was.
What should I do?

Unknown said...

Cam - The 66 is a common typo on NY tickets and my just be a result of the poor quality thermal printers in the police cars.

I doubt that most judges would dismiss a ticket because of that minor error. You can try fighting that point if you want but I wouldn't.

Shouldn't surprise you that I'd recommend hiring a lawyer to negotiate a reduction on your ticket. 82/65 is 4 points in NY and (if my math is right) between 15 and 30 km/hr so 3 points in ON. A lawyer should be able to get it reduced to no points without you having to come to court.

Hmm ... and I think I know one lawyer who handles cases like this.

Anonymous said...

I got ticket in NYC (Bronx) for parking in loading zone. Is this fine $90 enforceable being Ontario resident & licence plate? I know it does not impact insurance/demerit in Ontario, but can NY authorities proceed to recovery agencies if I do not pay? There was parking meter & street-parking sign as well loading zone was identified too (clearly it was may mistake). However I paid as per the meter & displayed the receipt on dash.

Davaid said...

Hi, I am an ontario resident, and I got pulled over for speeding in Buffalo on the I90 one minute away from the Peace Bridge border. The cop charged me with 15mph over in a 55mph zone and 4 points. I called a number of traffic lawyers and most of them said that it would be a hit or miss in court no bargaining because that specific court 295 Main street Buffalo does not reduce tickets you are either gulity or not guilty and the chances winning the case are slim. So am I basically in a lose lose situation where I just have to pay the ticket because its not worth fighting?

Unknown said...

Yes that's about right.