:SIGH: got pulled over may 6th..

[SaturnOmegaX]

I was looking for a decent forums to discuss what happened on May 6th when I got pulled over by the sherrifs.

Okay, here is what happened:

I was returning from school and I was on my way back home. I was driving 45 MPH cruising (the road was barely emtpy) and I stopped at the intersection when the light turned red. I looked up my rearview mirror and I see a car behind me with no lights on the front. I wondered why the car behind me didn't turn on the headlights. So I look in more deeper and I realized that it was the sherrif. So I took a deep breath and when the light turned green I drove 30 mph and all of the sudden police light went on. I was thinking to myself "wtf is he doing? I maintained my speed at a rational level and I don't see a reason why he would pull me over". My apartment was just around the corner, so I pulled over near my apartment and the police came up to my window.

First of all, I am deaf- well I am hard-of-hearing but I can speak fairly well. When I informed the officer that I am deaf, he did show me some respect. He asked me for my driver license. I handed him my learner's permit, and he scolded me for driving with my permit. I explained to him that I just returned from college. Also I explained to him that according to the NYS DMV driving manual, I can only drive with my learner's permit only for school or work purpose. He neglected me while I was explaining to him. So he asked me for my insurance and my registration information . I looked in the latch box to get my insurance and my registration information. But no! I left it at home :sigh: I explained to the officer that I have progressive insurance information and my regisration at home. Police officier sighed and told me to stay put.

Half an hour later, he tapped at my window and told me that he will give me three ticket:

1. Unregistered Vehicle: I did regsitered my vehicle last year August. Right now I have uhh...FS-6T green form- registration suspension, because my insurance lasped last year on October 20th and didn't surrendered my plates for 75 days, and that is when I reinstated my new insurance policy, same company tho. In all vitrue aspect, my car is techincally registered. So I hope FS-6T green registration card will be sufficient for court evidence.

2. Uninsured vehicle: I already have insurance from Progressive, so that should be waived as well.

3. Unlicense operator: Yes, I did drive alone when I got pulled over by the cops, but I had to find some kind of transporation to get to school. The bus doesn't stop at my place. If I were to take a bus, I will have to walk daily 3 miles back and fro, even during the winter time. So I had to risk myself by driving alone to school with my permit. Besides, when I took the road test last year during the spring time, a stupid DMV instructor refuse to acknowledge that I am deaf and also refuse to learn some simple sign language in order for me to pass my road test. When I took off, the DMV instructor was babbling and I couldn't understand shit what he's saying- I had to read his lip while I was driving, wow, that was definitaly a safe thing to do.... That's the sole reason why I failed my road test.

I decided to plead not guilty on all charges, and hopefully the court will arrange a new date. I am required to submit my plead on May 24, that what's marked on the ticket.

One of my friend introduced me a nice legal service that the cops won't even think about fucking around with it. It's called Pre-Paid Legal service. Anytime I get detained by the police officer, and if I show him my PPL (Pre-Paid Legal) service card, 95% most of the time Police Officer will let you go and never bother you again. The same thing apply when police pulls you over for whatever the reasons are. All you have to do is to show (in order is a must) 1. Your license 2. Your registration 3. Your insurance, and finally 4. Your Pre-Paid Legal service ID card. When the police officer go through all of these and when they find out that you have PPL, 95% of the time they will let you go without giving you a ticket, really nice . I didn't get PPL when I got pulled over, ahh o well.

Anyways, I assume that I will be waived on two charges and maybe I will be found guilty (highly likely to be found guilty). If I am found guilty for driving with a permit alone, what is the consequences? I mean, this is my first time I ever get charged or been to court. Please help me out guys, thanks. Besides, FYI, I am 23 years old.

Thanks for all of your advice and I appreciated it.

[Mustangman25]

I hate to break it to you, but in NYS, the driving with the permit thing isn't exactly what you think it is...when you have your permit, and need to drive to work/school, you need to take and pass your road test to get a restricted liscence that lets you drive to work and school. After that, then you can get your regular lisence without taking a road test, but the fact remains that you have to take one to drive with a "permit"...think about it...that would mean that Joe 16 year old could get his permit, and drive to school by him self the very next day...not safe. I can't think of the punishment for driving with a permit offhand, but if you want, I can dig out my permit book from a year ago, that I think has the NYS point system, and various punishments. I'm pretty sure that it's in there.

[SaturnOmegaX]

Originally Posted by Mustangman25

I hate to break it to you, but in NYS, the driving with the permit thing isn't exactly what you think it is...when you have your permit, and need to drive to work/school, you need to take and pass your road test to get a restricted liscence that lets you drive to work and school. After that, then you can get your regular lisence without taking a road test, but the fact remains that you have to take one to drive with a "permit"...think about it...that would mean that Joe 16 year old could get his permit, and drive to school by him self the very next day...not safe. I can't think of the punishment for driving with a permit offhand, but if you want, I can dig out my permit book from a year ago, that I think has the NYS point system, and various punishments. I'm pretty sure that it's in there.

Okay, I spoke with the lawyer (free counsalnt *spelling*) and he said maximum $100.00 fine and up to 50 days suspension for my permit. he wasn't so sure, so.. thanks anyways.

[SaturnOmegaX]

Originally Posted by Mustangman25

I hate to break it to you, but in NYS, the driving with the permit thing isn't exactly what you think it is...when you have your permit, and need to drive to work/school, you need to take and pass your road test to get a restricted liscence that lets you drive to work and school. After that, then you can get your regular lisence without taking a road test, but the fact remains that you have to take one to drive with a "permit"...think about it...that would mean that Joe 16 year old could get his permit, and drive to school by him self the very next day...not safe. I can't think of the punishment for driving with a permit offhand, but if you want, I can dig out my permit book from a year ago, that I think has the NYS point system, and various punishments. I'm pretty sure that it's in there.

Yeah, can you look it up via your permit book? Thanks.

[Mustangman25]

Sorry, I looked it up, but the book says that anything in it regarding permit/lisence laws is only valid for 16-18 year old drivers. The NYS DMV site should have the information you're looking for though.

[Igovert500]

I'm with Mustangman, I feel you may have misinterpreted the law. The only thing I can think of, is why didn't you argue over the roadtest....rather than wait to argue until you got pulled over.

If they genuinely didn't cater to your hearing problem, then yes that is odd, but I'm not totally sure it is discrimination (for example, they don't cater to some people with failing vision...you need vision, and one could argue hearing to drive safely) So I really don't know how far they are supposed to cater...however I understand your frustration and would agree that the driving instructor and officer probably should have gone a bit further to be fair and safe.

However, they may point out that this is the first time you are bringing it to the town/court's attention...and it is because you 'got caught'. I'm not trying to argue or downplay your experience...I'm sorry it happened, I'm just trying to point out possible outcomes. Good luck.

[SaturnOmegaX]

Originally Posted by Igovert500

I'm with Mustangman, I feel you may have misinterpreted the law. The only thing I can think of, is why didn't you argue over the roadtest....rather than wait to argue until you got pulled over.

If they genuinely didn't cater to your hearing problem, then yes that is odd, but I'm not totally sure it is discrimination (for example, they don't cater to some people with failing vision...you need vision, and one could argue hearing to drive safely) So I really don't know how far they are supposed to cater...however I understand your frustration and would agree that the driving instructor and officer probably should have gone a bit further to be fair and safe.

However, they may point out that this is the first time you are bringing it to the town/court's attention...and it is because you 'got caught'. I'm not trying to argue or downplay your experience...I'm sorry it happened, I'm just trying to point out possible outcomes. Good luck.

Aight, also umm, I have my insurance ID which shouldn't pose any probelm at all.

I need to double check about the registration thing. I have my green card thing which indicate that my registration is suspended for 75 days. Is that an acceptable proof indicating that my vehicle was registered? I can present my inspection sticker and the registration sticker if they will help?

Thanks

[SaturnOmegaX]

Whoa,

I just called the court and the date for me to go to court is on June 30th, why so long? I just want to get over with it.

[Mustangman25]

When you go to court, you'll see. I live outside of Buffalo, and there's an average of 15,000 tickets a year written just for this area.

[SaturnOmegaX]

Originally Posted by Mustangman25

When you go to court, you'll see. I live outside of Buffalo, and there's an average of 15,000 tickets a year written just for this area.

Jesus, that's insane. I hope they miscount the original ticket of mine and perhaps I will never hear from them via mail. Ha ha ha. Tonite I shall dine turtle soup!

[Mustangman25]

Believe me, if there is money to be collected, NYS will not fail to contact you

[SaturnOmegaX]

Originally Posted by Mustangman25

Believe me, if there is money to be collected, NYS will not fail to contact you

I just called my lawyer about my situation and he told me that they will have to have a higher attorney present for me because it is considered as a misdemeanor crime. However, I haven't send them my ticket because the ticket indicated that it's a traffic violation. The lawyer made an quote costing me $125.00 an hour, and estimated that it would take 5 hours, which is $625.00. Which I personally can't afford. I was outraged because I am a member of Pre-Paid Legal service. However I wasn't a member by the time I got pulled over by the cops. I really don't think it should count because the court date would be on June 30th and I should be covered anyways.

The quote isn't correct and it was just an estimation. It could be higher or lower. I don't know and I should find out by today. Maybe I should go without a lawyer and pay the fine, instead of paying towards to my lawyer which makes it even more expensive.

[Mustangman25]

I wouldn't be surprised if it turns out to be more then 5 hours. Normally, you're supposed to mail in your ticket, no matter which way you plead, in 3 or 4 days in NY.

[SaturnOmegaX]

Originally Posted by Mustangman25

I wouldn't be surprised if it turns out to be more then 5 hours. Normally, you're supposed to mail in your ticket, no matter which way you plead, in 3 or 4 days in NY.

Yeah, I already mailed in my ticket like a week ago and I already got my letter from the court indicating that they accepted my not guilty plead. As it shecdule for June 30th, 2005. I never been to the court before and I don't know how long this will last. You said that you wouldn't be suprised if this lasted for more than 5 hours? Egh.. it seems to me that it will take more than 5 hours, I don't know. I hope it will be alot shorter. This is just a dumb traffic ticket! Not a murder charge or whatnot. :sigh:

[drunken monkey]

Originally Posted by SaturnOmegaX

I was outraged because I am a member of Pre-Paid Legal service. However I wasn't a member by the time I got pulled over by the cops. I really don't think it should count because the court date would be on June 30th and I should be covered anyways.

doesn't work like that.
never did.

by the way, lawyers/solicitors normally charge for everything, phone calls, letters and generally anything that takes up time.
chances are, you aare already being charged for that phone call you made to them.