Q: NYS -speeding ticket was brought down to lower issue. Due to COVID, I can mail in my plea, should I guilty or go trial
I got ticket speeding in work zone with 6 points. Now I have received info back and they are offering to lower it to parking in front of fire hydrant and 0 points. Do I say guilty and accept or say innocent and wait for court date? They sent plea via mail due to COVID pandemic.
A:
It depends on your situation. Do you have a valid defense such as you were not the operator? Assuming that the speeding charge (6 points) is valid (meaning that the officer has proper training to assess your speed visually, etc) and you are likely to lose the case, then taking the plea offer may save you money and time. 1202(2) has the max fine of $400 and surcharge of $25. It's a very expensive parking violation. If you get convicted of the original speeding in NY, you will be facing not only a fine and surcharge but also the additional charge imposed by the DMV called Driver Assessment Fee (DAF). A lot of people don't realize that DAF exists or is an additional fee on top of the fine itself, and they often fail to pay and end up getting their driver license or privilege suspended in NY (and of course they keep driving without knowing and getting additional (more serious) tickets soon or later).
If you have an attorney, s/he may ask for a different section with no point for a lesser fine, but 1202(2) can be a good offer depending on your priorities in your life compared to going to trial on the speeding charge where you are likely to lose.
Tim Akpinar agrees with this answer
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