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posted to Attorneys (full service) on 11/30/08 10:30 PM, Tarrytown, NY 10591

On November 27th, I was pulled over and given a $150 ticket for playing my music too loud. I'm 18, and in college, I can't afford to pay that. My court date is December 15th and I plan on fighting it. However, I want to be prepared and informed. I'm trying to do some research on what the law exactly is, but I'm having a lot of difficulty finding what I need. I feel like I really don't deserve this ticket, and especially not that high of a fine. I also feel like this cop is just trying to meet his quota. Any information on the law and any advice you can give me would be greatly appreciated.

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Answered By

Bertine Hufnagel Headley & Zeltner, 12/01/08 10:58 AM

Bertine Hufnagel Headley & Zeltner
700 White Plains Road
Scarsdale, NY 10583
914-472-7700
Email Company

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First thing to do is plead NOT GUILTY (you can either do that on the back of the ticket, or by showing up on the 15th and pleading orally). If this is a Vehicle and Traffic Law violation, you can ask for a supporting deposition to be sent to you by checking a box on the back of the ticket when you plead not guilty - if it is not sent within 30 days, you can make a motion (orally) to dismiss the ticket.

usually, when you show up on the 15th and plead not guilty, the officer who gave the ticket will be there and you can plead down to a lesser infraction with a smaller fine (and hopefully no points). If not, you can try the case - if the officer is not there for trial, you can make an oral motion to dismiss (because if the officer is not there, the people cannot prove their case - remember, it is their burden).

We can help you, but if you can't afford the $150, you are likely going to have a hard time with our legal fees which will be significantly more. If you can plead down to something with no points and a lesser fine, that is your best bet - if you get points, your insurance may go up.

Jim Reduto, Esq 914-472-7700

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