Colorado speeding ticket advice please

hcariss · hcariss's Garage

I got stopped on the way from LA to NYC in Colorado. It was in Logan County near the city of Sterling by a cop who said I was doing 86 mph. This is not true. I was doing 80 MPH 5mph over the speed limit, as was everyone else however no one got stopped but me.
The offence gives me $160 fine and four points on my license which I would prefer not to have. Two things are bothering me. The cop did not show me any proof that I was driving at 86 MPH, and he said that I would only have points on my license in Colorado, this would not affect my NY license. I think this will affect my insurance however.
Has anyone from Colorado had the same experience ? Any recommendation on how to handle this situation ?
Thanks

MotoSook · 10-25-2010, 06:59 AM

How is your insurance company going to know? They only run a check in the state you are licensed. A CO ticket won't show up on your NY license, hence no points nor insurance penalty.

Just pay the fine and forgitaboutit.

widgeon13 · 10-25-2010, 07:04 AM

You got caught because you have out of state plates, in other words they profiled you. I'm guessing the other cars were CO registrations.

Call NYS DMV and they will tell you if there is reciprocity between the two states. I don't believe there is.

As for beating the ticket and not asking for evidence, it's most likely too late to do anything but either appear or plead NG via the mail if that is an option and or pay the fine.

Good luck, keep us posted.

widgeon13 · 10-25-2010, 07:10 AM

This may be helpful. Some insurance companies get information from the DMV on moving violations and hence, jack up your rates because you have become a higher risk.

Reciprocity; States that report traffic tickets to your home state

Rot 911 · 10-25-2010, 07:10 AM

You need to refer to the Driver's License Compact, which almost all the states are members of, with some exceptions as to reporting. All states are members except for Georgia, Michigan, Wisconsin, Tennessee (dropped out in 1997). Nevada repealed the authorizing legislation in 2007, though it still generally conforms to the agreement through regulations.

Exceptions

* Some states do not assess points for minor offenses and apply the DLC for only major violations such as Colorado, Maryland, Nevada, New York and Pennsylvania
* States that are members are free to take action on violations reported from a non-member states as well
* Pennsylvania only transfers points from another state within the agreement if it meets certain conditions.

Special agreements

* New York does assess points for minor violations received in Ontario and Quebec.
* Michigan and Ontario exchange information and take adverse action.
* Maine and Quebec exchange information and take adverse action.
* Florida and Quebec exchange information and take adverse action.

Rick Lee · Rick Lee's Garage

Cop does not have to show you his radar gun reading. His word against yours in court and you can guess whom the judge believes.

Gogar · 09:25 AM

That cop saw your licence plate and knew you would not spend hundreds, maybe a thousand dollars to make a return trip to Colorado to fight a $160 ticket. It's HIGHWAY ROBBERY courtesy of the state.

Some guys will tell you it's the cost of doing business with your car. Higgins will tell you it is your civic duty to fight the ticket tooth and nail. Both ideas have some very good points.

avi8torny · 10-25-2010, 10:02 AM

Uh....you were speeding and NY does have reciprocity with CO. In the grand scheme of things, you don't really have a viable defense.

tcar · 10-25-2010, 01:36 PM

Sterling cop or State Police?

If you come back here and contest it, the likely outcome is that the points and fine will be reduced a bit. Not eliminated, though.

Out-of-state speeders are a healthy source of income for Sterling. And Colorado...

Joeaksa · 10-26-2010, 04:26 PM

Quote:

Originally Posted by avi8torny

Uh....you were speeding and NY does have reciprocity with CO. In the grand scheme of things, you don't really have a viable defense.

Was thinking the same thing. Cheaper to pay the fine as in the end you were guilty as charged.

MotoSook · 10-26-2010, 05:28 PM

Was a CO victim a couple years ago in nearly the exact situ. Paid the fine and never say it appear on my IL license. Pact state?

Jeff Higgins · 10-26-2010, 07:16 PM

Just find a lawyer in the area that specializes in traffic law. Shouldn't be too hard to find one with a cursory internet search and/or a phone call or two.

Most states no longer require your attendance in court to fight traffic tickets. The lawyer can go in your stead, assuming it even gets that far. Typically, if they can't find some technicality over which the ticket must be dismissed, they will plea it down to a non-moving violation that won't award points. Like a seatbelt violation (on my Ducati...).

And yes, I firmly believe we all need to fight every one of these. It's not about the money - I typically pay a lawyer twice or triple what I would have paid on the ticket - it's all about principle. Authorities have made it far too easy on themselves to gain convictions in traffic cases. The vast majority of people just roll over and pay, particularly if they are out of state. I think that's wrong.

I can't believe we have allowed this kind of third world shytehole shakedown to take root here, in the United States of America. We, as citizens, should be ashamed. Our authorities and LEO's are clearly incapable on feeling any shame...

avi8torny · 07:22 AM

Quote:

Originally Posted by Jeff Higgins

I can't believe we have allowed this kind of third world shytehole shakedown to take root here, in the United States of America. We, as citizens, should be ashamed. Our authorities and LEO's are clearly incapable on feeling any shame...

And I always thought that one should man up....I never dreamed that the po po was part of THE BIG CONSPIRACY. You really opened my eyes.....thanks.

Rick Lee · Rick Lee's Garage

I don't consider speeding in the least bit wrong and that goes double for when you're going with the flow of traffic and get nailed because you have out of state plates. Therefore, I'd fight this highway robbery attempt tooth and nail. Laws have just about nothing to do with right and wrong, especially traffic laws.

Gogar · 10-27-2010, 07:32 AM

Quote:

Originally Posted by avi8torny

And I always thought that one should man up....I never dreamed that the po po was part of THE BIG CONSPIRACY. You really opened my eyes.....thanks.

We can't show our Work ID and wink and smile like you can. If you got a ticket from one of your contemporaries for 5mph over I bet you would lose your mind.

Jeff Higgins · 08:36 AM

Quote:

Originally Posted by avi8torny

And I always thought that one should man up....I never dreamed that the po po was part of THE BIG CONSPIRACY. You really opened my eyes.....thanks.

I'm not sure what you mean here. I certainly do not believe in any sort of conspiracy theory or any of that kind of b.s. What I do believe in is the very basic founding principles of our unique country, one of which is all power is inherent in the people. That sets us apart from the rest of the world, where all power is held by the government. Ours is, or was at one time, a very unique relationship between the governed and the governing.

We stand aghast at countries in which the government accuses, tries, and convicts its citizens with little or no evidence. Where citizens are denied due process. Hell, we have gone as far as to impose sanctions on such and even go to war with such. Yet we allow it right here, in the United States.

In traffic court (and I know this varies state by state, so I'll speak to my home state of Washington), a citizen has:

1) No right to representation. If one desires legal representation, one must pay for it out of one's own pocket, effectively making it the sole province of the well to do. Low income citizens are simply out of luck.

2) No right to a jury trial. The state's accusations are not aired in front of one's fellow citizens, they are aired in front of the state. The state accuses, tries, and judges with no citizen involvement. It only has to prove its case to itself. The very cornerstone of our justice system, concerning the relationship of the state to the citizen, is that the state be required to prove all of its accusations against one of us to the rest of us, not to itself.

3) Speaking of "proof", the standard of evidence is that of "preponderance", which has a very specific legal meaning. It sounds like a lot to the layman, but it actually means "51%" of the available "evidence". It is a standard meant only for civil court, where two citizens come to the court to settle a dispute. It was never meant as a standard of evidence to be used when the state accuses a citizen. In traffic court, what this "51%" effectively means is an officer saying he saw you do it. That's it, that's all. No real evidence of any kind required.

4) No right to appeal. The judge's decision is final. A judge who, by the way, also serves as prosecutor in a clear conflict of interest. How can a judge be impartial when said judge is prosecuting the case?

How have we allowed our traffic courts to degenerate to this less than third world standard of "justice" right here in the United States? These kangaroo courts would be a disgrace anywhere else, and are even more so here. Everyone involved should be ashamed of themselves. Every citizen ensnared in this dishonest scheme needs to fight back.

Rufblackbird · 10-29-2010, 11:48 AM

Quote:

Originally Posted by Soukus

Was a CO victim a couple years ago in nearly the exact situ. Paid the fine and never say it appear on my IL license. Pact state?

Seems like it's a trend in CO...was pulled over in the 911 with Maryland plates back in '04 when i did my cross country roadtrip. Was heading up a hill at the same speed as others and as soon as I crested the hill the cop coming from the other direction crested as well. Then I see taillights, and an u-turn, and lights flashing.

Ended up writing to the local courthouse saying that even though I would like to come back to contest the ticket in person, I am unable to do so as I have military obligations (true at the time). I wrote that I am ok with paying the fine but would like to have the speeding charge changed to a non moving violation. They sent back a letter changing it to a non moving violation, I paid the fine, and it seemed to have worked out. Might be worth a shot...

Z-man · Z-man's Garage

Your speedo could easily have been 5-6 mph off the actual speed you were driving.

Paying the $160.00 fine is the easiest and likely cheapest solution for you. Most likely your insurance won't go up. (My insurance co won't increase my rates even if I get a ticket or cause an accident in my home state of NJ. But if I am a repeat offender and am constantly getting tickets and accidents, they will simply drop me altogether. )

Pay the ticket & move on.

My $0.42,
-Z-man.