Hey im writing to compare prices.

My lawyer on Long Island new york is charging 275 USD for 4 point to 2 point reduction involved with speeding 44/30. Not including court fees and fines. No personal court appearence necessary.

How do you guys ease your way out with money? How much ?


Peace

Sad to say, you're getting ripped off in this particular situation. I don't know what lawyer fees average at, but all your lawyer is doing, in this case. Is walking up hte the Assistant DA, the ADA offers a plea bargain to reduce it to 'disobeying a traffic control device', (this is standard operating procedure whether you have a lawyer or go in yourself) and he is accepting the bargain on your behalf...he may make you sign it, that's it. $275 for 3 minutes of his time.

The ADA does this, becuase it saves the court time, they still get money so they are happy, and you get a reduction so you are less screwed by our traffic system.

So in this particular case, you didn't need the lawyer at all, sorry to say. I have never used one, so I cannot tell you how much they cost. However in other instances, when your license is in jeopardy I do think they can be a good idea.

:1: You could probably do the same thing for yourself, for free.

If your license is in serious jeopardy, you might want to consider paying the money as a kind of insurance. Otherwise, Igovert's right, you're getting the shaft, big time.

Hey everybody,

we havent paid yet and currently debating on whether or not one is necessary.

situation is this:

the attorney also offers "motion to dismiss" for 550 USD.
now there may be some points on the driver's/defendants license, and the key is
not get any points at all, because whatever the amount is spent on the lawyer to file a motion to dismiss,
i think it will credit itself back on the insurance premum over time.

550 is a very high price. What rights does the defendant have regarding motion to dismiss (if appearing him/herself)



Thank you.

One word: ripoff

If he's going to represent you, he should represent you and not lure you in like a bad used car salesman, easing up the price. Soon he'll tell you it's $750 to defend you if the motion doesn't work. Dump him.

Thank you for such insight but tell me how to I file motion to dismiss in person myself?

It depends on the jurisdiction as to how you would do it, but keep in mind that your rights are the same whether you've got an attorney or not.

Call the Clerk of Court and they should be able to tell you how to do everything. To have a motion to dismiss, I think you'll need a reason why the ticket was invalid.

How did the officer get your speed? Was there other traffic on the roads? What were the road conditions?

Well he caught me driving down a one lane road 44mph between 30MPH speeding signs . He shot me with a radar. There werent many cars on the road. Maybe 1 or two in the area.

I will try to call the court to determine the procedure for dismissal.

Lets say motion to dismiss gets denied by the court. Would the defendant usually still be eligible for 4 to 2 pt. reduction?


Thank you very much.

Sorry, but I don't know how the NY system works well enough to comment.

Yes you could probably TRY to do it yourself, but -

1. A DA is more likely to make a deal with a lawyer than with you.

2. No, the court clerk is not going to tell you how to do it or help you, they are not allowed. That is considered practicing law.

3. You have a high likelihood of screwing up any motion, and it will be denied.

Yes you have the same rights with or without a lawyer, but they know the system, and if they do this kind of work, they know the people in the courtroom and the people in the courtroom know them.

Don't like the way this lawyer is selling you his services? Find another one.

Yes you could probably TRY to do it yourself, but -

1. A DA is more likely to make a deal with a lawyer than with you.

2. No, the court clerk is not going to tell you how to do it or help you, they are not allowed. That is considered practicing law.

3. You have a high likelihood of screwing up any motion, and it will be denied.

Yes you have the same rights with or without a lawyer, but they know the system, and if they do this kind of work, they know the people in the courtroom and the people in the courtroom know them.

Don't like the way this lawyer is selling you his services? Find another one.

Comment on #2: If you go to the Clerk, ask for the paperwork to file a motion, they'll give you the correct forms, and in many cases will help you fill them out. THAT is what I meant, of course they're not going to tell you what to do in court, but it's their job to assist with the paperwork.

As far as the other stuff, it depends on the day you're in court, the judge you're talking to, and how you carry yourself in court as to what happens.

I'll say it again, if your license isn't in jeopardy there's no reason to pay some scheister $275-700 to go to court for 5 minutes.

That you very much for the info guys.
Well be settling on motion to dismiss and get this over with. Cant let the insurance find out about the points.

Well be settling on motion to dismiss and get this over with.

And exactly what legal basis are you going to use for your motion? Motions from laypersons can safely be ignored by a traffic judge. He actually has to have a good reason not to approve a motion from an attorney. 275 is extremely reasonable for a traffic ticket. However, I do agree that you may be able to negotiate with the ADA for a reduction that will not increase your insurance rates. You also have to be careful of the NY surcharge.

And exactly what legal basis are you going to use for your motion? Motions from laypersons can safely be ignored by a traffic judge. He actually has to have a good reason not to approve a motion from an attorney. 275 is extremely reasonable for a traffic ticket. However, I do agree that you may be able to negotiate with the ADA for a reduction that will not increase your insurance rates. You also have to be careful of the NY surcharge.

lwpat, are you an attorney? :lol:

Whatever the reason for motion is, my advocate guaranteed dismissal.

Guarenteed huh...that's ballsy.

I agree. Even lawyers cannot give you a guarantee they will prevail, therefore no guarantee a judge will grant a Motion to Dismiss let alone hear or consider it. You have to show good cause and evidence in your favor.

Representing yourself in traffic or any civil/criminal court is an exercise in futility. Only a fool represents himself/herself "Pro Se" and/or "Pro Per". Or in Latin "Propria Persona".

Fredjackson, you are assuming there is a printed form for a motion. That isn't always the case. Usually, motions are party(or attorney) drafted papers.

From the Los Angeles County Superior Court website (dealing with traffic matters):

"The Court's mission is to provide accurate information to its customers. Clerks are authorized to provide information regarding the procedures used by the Court to process a case. However, all clerks are prohibited by law (Government Code Section 24004) from giving legal advice to litigants or to assist them in filling out any forms, including forms provided by the Court, for the following reasons:

"The clerk is not an attorney at law. The clerical staff is trained to accept papers for filing and has no expertise in the legal consequences of information included on any of the forms. The Court must be neutral in any proceeding. By assisting one side or the other, a clerk can cause the Court to be perceived as taking sides or being biased, which circumvents administration of justice as a whole. All persons seeking legal assistance from the Clerk's Office are to be redirected to an attorney licensed to practice law in the State of California without naming any specific person or firm."

I'm sure many jusrisdictions have similar policies.

Lwpat has a valid point too about a motion having to have some basis in law, not "I want a break."

Fredjackson, you are assuming there is a printed form for a motion. That isn't always the case. Usually, motions are party(or attorney) drafted papers.

From the Los Angeles County Superior Court website (dealing with traffic matters):

"The Court's mission is to provide accurate information to its customers. Clerks are authorized to provide information regarding the procedures used by the Court to process a case. However, all clerks are prohibited by law (Government Code Section 24004) from giving legal advice to litigants or to assist them in filling out any forms, including forms provided by the Court, for the following reasons:

"The clerk is not an attorney at law. The clerical staff is trained to accept papers for filing and has no expertise in the legal consequences of information included on any of the forms. The Court must be neutral in any proceeding. By assisting one side or the other, a clerk can cause the Court to be perceived as taking sides or being biased, which circumvents administration of justice as a whole. All persons seeking legal assistance from the Clerk's Office are to be redirected to an attorney licensed to practice law in the State of California without naming any specific person or firm."

I'm sure many jusrisdictions have similar policies.

Lwpat has a valid point too about a motion having to have some basis in law, not "I want a break."

OK, so "help you fill them out" isn't the right way to put it. They will assist you in getting the correct forms, and if you have a question about how to fill it out, they'll (in my experience) answer your question -- I guess that could loosely be put under the term, "providing information about procedure". I'd bet that the Clerks are instructed to advise people if their paperwork will result in wasting the court's time.

Whatever the exact situation in NY (and as I said before I'm not familiar with that court system) it can't hurt to go talk to the clerk about it.

Fredjackson, we are in agreement!

Violation described above was reduced to a ticket for not using seat belt and 60 USD fine which the lawyer had paid.
No points - no INS ^.

Done deal.