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      09-17-2012, 10:46 AM   #1
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Speeding Ticket - Retiring Officer

As I was driving back from MPACT east, I received a speeding ticket in one of the 5 boroughs of NYC. I realize speeding is wrong so please leave out the flaming and that I have no chance of bargaining if the cop shows.

The interesting part is this, the officer tells me he "should" be retiring in the next 30 days or so. He was being very cool and says that it will be dismissed since he is retiring. He also said, that if he wasn't retired yet to ask to postpone the trial.

I appreciate his honesty, but I feel pretty uncomfortable about this. Is it true that if an officer retires, that all his speeding ticket cases get dropped? Sounds a little bizarre to me.

If anyone has experience with this, please let me know.
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      09-17-2012, 10:51 AM   #2
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postpone it, "they do not bargain down speeding tickets in the 5 boroughs" this is a direct quote from a friend who is a lawyer in NYC
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      09-17-2012, 10:51 AM   #3
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Like you, I find this odd... Granted, I have only had 3 speeding tickets in the 25 years I have been driving. I would be interested to know if this holds true once 30 days has expired. Have you tried contacting your local police department and asking them directly?
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      09-17-2012, 10:55 AM   #4
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Quote:
Originally Posted by Team Plutonium View Post
I assume if you'd go to the hearing/"trial" and the cop doesn't show up (since he is retired) they need to drop the charges.
That's what I assume as well, but one would think they had a protocol for these situations.
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      09-17-2012, 11:04 AM   #5
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Postpone and you will win..I have beat several moving violations by post-poning ...the officer either quits, retires or is transferred and becomes unavailable
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      09-17-2012, 11:09 AM   #6
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Sound like rubbish to me. Just use the normal route and postpone as many times as they allow and then show up and hope the cop doesn't.
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      09-17-2012, 11:18 AM   #7
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maybe he had a quota to fill but sympathized with you and gave you the hint to plead not guilty and kick the can. dont look gift horse in the mouth.

and yes, i can confirm, there is no plea bargaining in the boroughs.
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      09-17-2012, 11:19 AM   #8
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Speeding is wrong...

We got Traffic Clinic/Traffic Doctor lawyer offices down here in South Florida; but I guess that the "they do not bargain down speeding tickets in the 5 boroughs" simply killed those types of traffic law offices over there.
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      09-17-2012, 11:33 AM   #9
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From a guy in NYC:

1) If you get a ticket in the 5 boroughs, they do not bargain, when you go to court it will be guilty or not guilty (sucks). In long island, they have smaller courts that will let you plea down if you pay a fine.

2) If the cop doesn't show up, your case will get dismissed. I went once for a speeding ticket, the officer actually showed up but didn't have the ticket write up with him - the judge dismissed the case right away.
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      09-17-2012, 12:19 PM   #10
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I am a LEO. If he's retiring, why write the ticket at all. I wouldn't have unless the driver was a real douche and/or reckless. Something is peculiar here, hmmm. Since the OP had a sensible conversation, I doubt his behavior compelled the LEO to write the ticket. I'm confused.
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      09-17-2012, 12:30 PM   #11
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NYC cops can be cool like that. I had an officer write me a ticket for running a red light. I was already in the intersection and waiting to turn when the light changed, but he wrote it anyway. When he came back to the car, we started talking and it came out that I come from a LEO family (both Grandfathers, Mother, Father and Sister) he told me to show up because he wasn't going to. He didn't and my ticket was dismissed.

This was way back in 1984, but hey you never know.
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      09-17-2012, 12:35 PM   #12
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Quote:
Originally Posted by Maloney View Post
As I was driving back from MPACT east, I received a speeding ticket in one of the 5 boroughs of NYC. I realize speeding is wrong so please leave out the flaming and that I have no chance of bargaining if the cop shows.

The interesting part is this, the officer tells me he "should" be retiring in the next 30 days or so. He was being very cool and says that it will be dismissed since he is retiring. He also said, that if he wasn't retired yet to ask to postpone the trial.

I appreciate his honesty, but I feel pretty uncomfortable about this. Is it true that if an officer retires, that all his speeding ticket cases get dropped? Sounds a little bizarre to me.

If anyone has experience with this, please let me know.
This sounds weird to me... If he was trying to do you a favor, why didn't he just tell you to slow down and not give you a ticket? From the cops I know around here, it is always "officers discretion" that extends fairly far up the ladder of offenses.
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      09-17-2012, 12:38 PM   #13
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Quote:
Originally Posted by PhillyNate View Post
I am a LEO. If he's retiring, why write the ticket at all. I wouldn't have unless the driver was a real douche and/or reckless. Something is peculiar here, hmmm. Since the OP had a sensible conversation, I doubt his behavior compelled the LEO to write the ticket. I'm confused.
This... +1
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      09-17-2012, 01:16 PM   #14
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Quote:
Originally Posted by ///M3AN View Post
This sounds weird to me... If he was trying to do you a favor, why didn't he just tell you to slow down and not give you a ticket? From the cops I know around here, it is always "officers discretion" that extends fairly far up the ladder of offenses.
I agree, that's why I'm pretty confused on the whole situation. After I gave him my license and registration, he was sitting in his car and hit his police horn (or whatever their called) and I looked back and he was motioning me to come back to his car. I got out and went to his passenger side window. My poor girlfriend didn't have a clue as to what was going on. He starts telling me about his 1985 Porsche 911 and that he wants to get a newer one when he retires. We talked for like 10 minutes as he wrote the ticket, which I thought he'd at least be reducing the speed in case he hadn't retired yet. Seemed like he just wanted to kill some time while writing the ticket meanwhile my girlfriend is in the car worrying like hell to what is going on.

If anyone is familiar with the Henry Hudson Parkway (9A), I was going North and the speed limit is 35 MPH. Not sure why it is 35 MPH, but it is what it is. They just paved it and the S curves are tempting as it is a 3 lane highway. I asked him where he was hiding and he laughs and says he can't tell me that, but I would have had to break my neck to see him. Apparently, there's a spot they hide that's up a hill on the right hand side, so be careful.

This is where he was:

https://maps.google.com/maps?q=40.86...num=1&t=h&z=17
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      09-17-2012, 01:25 PM   #15
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Just postpone it..what do you have to lose..

When they give you a date, wait until one day before you have to go to court..then call 718-488-5710 and reschedule it over the phone.. A few days before the next date they give you, go down to the Traffic Violation Bureau referenced on your summons(they are located in the NYS DMV offices) see the judge and tell them you need to reschedule it..they will make you pay a $40 bond and give you a third date..by the time you do all this it will be at least a year before your case is due..and if the the TVB reschedules it on their own for Administrative reasons that’s even better for you and will add even more time..

None of this is a guarantee of course but you increase the chance to win the more time you put between you and the ticket
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      09-17-2012, 01:27 PM   #16
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Quote:
Originally Posted by Maloney View Post
As I was driving back from MPACT east, I received a speeding ticket in one of the 5 boroughs of NYC. I realize speeding is wrong so please leave out the flaming and that I have no chance of bargaining if the cop shows.

The interesting part is this, the officer tells me he "should" be retiring in the next 30 days or so. He was being very cool and says that it will be dismissed since he is retiring. He also said, that if he wasn't retired yet to ask to postpone the trial.

I appreciate his honesty, but I feel pretty uncomfortable about this. Is it true that if an officer retires, that all his speeding ticket cases get dropped? Sounds a little bizarre to me.

If anyone has experience with this, please let me know.
Same exact thing happend to me about a month or two ago, by ay chance was he a kind of heavy set black guy? he got me in a loaner car right where the speed limit changes from 55 to 35 around a bend. was extremely nice and told me the same thing he told you, that he would be retiring shortly and that i should plead not guilty, and that they would give me a Jan 13 court date and that by time he would be gone. sure enough i got the paper in the mail for a Jan 13 court date, so we'll have to see what happens then. good luck hope we didnt get scammed!
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      09-17-2012, 01:29 PM   #17
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I used to tear up that section of highway when I lived there. Cops would often hide there. If you were heading South there's an on ramp that they are perched way up on. If you were heading North there's a number of spots they can hide. Exit from the Cloisters or the on ramps after the GWB.

Postpone the court date as often as you can. Worst case he shows up and you pay the fine. If he doesn't show then you are all good.
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      09-17-2012, 01:36 PM   #18
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Quote:
Originally Posted by M3crit View Post
Same exact thing happend to me about a month or two ago, by ay chance was he a kind of heavy set black guy? he got me in a loaner car right where the speed limit changes from 55 to 35 around a bend. was extremely nice and told me the same thing he told you, that he would be retiring shortly and that i should plead not guilty, and that they would give me a Jan 13 court date and that by time he would be gone. sure enough i got the paper in the mail for a Jan 13 court date, so we'll have to see what happens then. good luck hope we didnt get scammed!
That's funny! Yes that's him. Keep me up to date what happens to you.
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      09-17-2012, 01:37 PM   #19
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Quote:
Originally Posted by tibra1 View Post
Just postpone it..what do you have to lose..

When they give you a date, wait until one day before you have to go to court..then call 718-488-5710 and reschedule it over the phone.. A few days before the next date they give you, go down to the Traffic Violation Bureau referenced on your summons(they are located in the NYS DMV offices) see the judge and tell them you need to reschedule it..they will make you pay a $40 bond and give you a third date..by the time you do all this it will be at least a year before your case is due..and if the the TVB reschedules it on their own for Administrative reasons that’s even better for you and will add even more time..

None of this is a guarantee of course but you increase the chance to win the more time you put between you and the ticket
Great advice, thanks.
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      09-17-2012, 01:43 PM   #20
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Quote:
Originally Posted by Maloney View Post
As I was driving back from MPACT east, I received a speeding ticket in one of the 5 boroughs of NYC. I realize speeding is wrong so please leave out the flaming and that I have no chance of bargaining if the cop shows.

The interesting part is this, the officer tells me he "should" be retiring in the next 30 days or so. He was being very cool and says that it will be dismissed since he is retiring. He also said, that if he wasn't retired yet to ask to postpone the trial.

I appreciate his honesty, but I feel pretty uncomfortable about this. Is it true that if an officer retires, that all his speeding ticket cases get dropped? Sounds a little bizarre to me.

If anyone has experience with this, please let me know.
Maybe he has a quota to meet?
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      09-17-2012, 02:34 PM   #21
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I have been handling traffic cases for just over 30 years.In that situation here in NC they would eventually dismiss the ticket if the officer was unavailable,but you might have to go to court a few times first.They would make an attempt to subpoena an officer who had retired or moved,and if they were unsuccessful in getting officer in after a few tries,it would eventually be dismissed . If they serve the officer with a subpoena,he has to appear or face contempt of court charges.They give you a workout first in that you have to commit the time, but you may eventually win.If NY throws it out the first time,that's great.
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      09-17-2012, 03:31 PM   #22
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Quote:
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I have been handling traffic cases for just over 30 years.In that situation here in NC they would eventually dismiss the ticket if the officer was unavailable,but you might have to go to court a few times first.They would make an attempt to subpoena an officer who had retired or moved,and if they were unsuccessful in getting officer in after a few tries,it would eventually be dismissed . If they serve the officer with a subpoena,he has to appear or face contempt of court charges.They give you a workout first in that you have to commit the time, but you may eventually win.If NY throws it out the first time,that's great.
Hmm... This makes a little more sense. So, potentially, they could subpoena him during retirement? I wonder if they do, I'm sure there is a retired LEO out there with some insight to this.
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