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Thread: Speeding in NY

  1. #1
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    Speeding in NY

    A friend of mine was driving me home last night. He was driving normally just as he always does at the speed limit. However, after he dropped me off and was returning home, he broke the speed limit down a straight away for a few seconds and hit 90MPH, he said he wanted to push the car . Anyway, he was clocked at 90MPH by a Suffolk County police officer.

    The problem is, he wasn't on a highway. He was on a road with the limit at 30MPH so he was doing 60MPH over the limit. He know's it was stupid, and was in bad shape the other day, but here's my question. Is there anything he can do to not lose his license? He just got it 5 months ago, he's 17. According to the law, it's 40MPH over the speed limit and up...you get 11 Points and that means the license is taken away. But he needs his car, and 1 year is a long time to lose your license since he's going to college next year.

    Well, the cop made a rather large mistake on the ticket. He put his license expiration date as his birthday (1/18/87) when it was actually (1/18/06). And he also put the location as the town over instead of the one that the incident occured.

    I know he doesn't deserve a break, but it was late at night and although it was stupid, I think this whole thing has just taught him to never speed ever again.

    Is there anything possible that he could do?

    Thank you
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  2. #2
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    Well, tickets can be challenged in small court. I've never had the balls to do it, but if your friend thinks he can win the sympathy of the judge, or lie his kiester off and say he was only going 50 MPH, he should go for it

    If he plans on lying, I'd suggest using the expiration and location mixups as proof the cop is incompetant. Also, in Calgary, if the cop doesn't show up for the challenge hearing the ticket is erased, I don't know if it's the same down there.

    You didn't hear it from me though. If he's caught lying I'm sure there will be worse things to worry about.

    Sorry to hear it though
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  3. #3
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    He's very lucky he didn't get arrested.

    I am not sure the law in NY, bu t in FL, if you take the 4 hr course and pay a reduced fee, you don't lose your license, no pts added and your insurance doesn't go up.
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  4. #4
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    Originally posted by interneat
    Well, tickets can be challenged in small court. I've never had the balls to do it, but if your friend thinks he can win the sympathy of the judge, or lie his kiester off and say he was only going 50 MPH, he should go for it

    If he plans on lying, I'd suggest using the expiration and location mixups as proof the cop is incompetant. Also, in Calgary, if the cop doesn't show up for the challenge hearing the ticket is erased, I don't know if it's the same down there.

    You didn't hear it from me though. If he's caught lying I'm sure there will be worse things to worry about.

    Sorry to hear it though
    The problem with going to court on a speeding ticket, is if the cop DOES show up, the court tends to believe the Cop and not only will he lose, and have to pay the ticket, but th ejudge pay require him to pay any course fees (not to exceed $500). But this is for FL, not sure how NY is.
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  5. #5
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    the NY Daily News had a story with the top 10 reasons a ticket is thrown out and one of the reasons was the cop made a mistake while writing in the information. Your friend should fight it because of the wrong info. Also if anyone read the art of deception by kevin mitnick there is a nifty but ballsy trick to beat a ticket there
    Why do they call them fingers? I never seen them fing. Oh, there they go.
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  6. #6
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    Originally posted by 3spades
    the NY Daily News had a story with the top 10 reasons a ticket is thrown out and one of the reasons was the cop made a mistake while writing in the information. Your friend should fight it because of the wrong info. Also if anyone read the art of deception by kevin mitnick there is a nifty but ballsy trick to beat a ticket there
    Yup. A ticket with incorrect information, even 1 letter off the License # can be thrown out.

    However, seeing that he was doing 90 in a 30, and he's 17, the judge may still make him pay court fees (~$500) and if the police officer shows up (which he probably will), he's looking at a lot.
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  7. #7
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    Sorry, but I cannot see that he should be given any help. Speeding in town is stupid, what makes you think he deserves a break? Would he still deserve a break if he killed a kid or an OAP crossing the road.

    Most people speed on Motoways and that is genearlly accepted but in town, no excuse, NO excuse.

    Sorry but I canot sypathise of support any form of support for such an action regardless of the time of night or location in a town.
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  8. #8
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    Originally posted by grap
    Sorry, but I cannot see that he should be given any help. Speeding in town is stupid, what makes you think he deserves a break? Would he still deserve a break if he killed a kid or an OAP crossing the road.

    Most people speed on Motoways and that is genearlly accepted but in town, no excuse, NO excuse.

    Sorry but I canot sypathise of support any form of support for such an action regardless of the time of night or location in a town.
    This is a bit extreme, this is not even the situation. So lets not mix green apples with red ones. I say fight it!
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  9. #9
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    The first thing to do is go to court on the court date and ask for supporting deposition. That forces an adjournment. When your friend goes back, if the cop doesn't come, they will throw the ticket out. If the cop does show, your friend should try to plead the ticket down with the cop (the cop in all likelyhood will offer a deal right away anyway). I would think the cop would go down at least enough so your friend would be able keep their liscense.
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  10. #10
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    well your friend is lucky first of all...that he didn't get arrested last time i check suffolk county is pretty harsh with these things....ppl get arrested for speeding on the highway and have to least spend the night as their guests...

    what your friend can do is get a good lawyer pay him abt 200-300 the lawyer will least try to get the ticket dismissed for the wrong information or least try not to have his license taken away...

    Also have your friend plead not quilty and keep delaying the ticket for half year or so before actually going for the result and if by than if your friend has his license than he can take the defense driving course and it would take away another 4-6 points i think...
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  11. #11
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    Originally posted by feather
    well your friend is lucky first of all...that he didn't get arrested last time i check suffolk county is pretty harsh with these things....ppl get arrested for speeding on the highway and have to least spend the night as their guests...

    what your friend can do is get a good lawyer pay him abt 200-300 the lawyer will least try to get the ticket dismissed for the wrong information or least try not to have his license taken away...

    Also have your friend plead not quilty and keep delaying the ticket for half year or so before actually going for the result and if by than if your friend has his license than he can take the defense driving course and it would take away another 4-6 points i think...
    This is an example of the expensive approach.
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  12. #12
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    Re: Speeding in NY

    Originally posted by Neo3Net
    <<snip>>

    I know he doesn't deserve a break, but it was late at night and although it was stupid, I think this whole thing has just taught him to never speed ever again.

    Is there anything possible that he could do?

    Thank you
    Yes, he can balls up and pay the consuquences like a man.

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  13. #13
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    I had a similiar incident when I was a kid ... I got a lawyer and it all worked out in the end. A lawyer is probably the only way he will keep his license.
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  14. #14
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    Originally posted by benoitb
    This is a bit extreme, this is not even the situation. So lets not mix green apples with red ones. I say fight it!
    Bullsh*t! He broke the law, he got busted... be a man and deal with it.

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  15. #15
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    Would he still deserve a break if he killed a kid or an OAP crossing the road.
    Why a kid or an OAP? At 90mph on a 30mph it could be any one of us super-fit WHT members
    MattF - Since the start..
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  16. #16
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    Originally posted by MattF
    Why a kid or an OAP? At 90mph on a 30mph it could be any one of us super-fit WHT members
    It defies the laws of science, wht members can't be super fit.

    then again according to the laws of physics a bee can't fly.
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  17. #17
    Have him talk to a lawyer, they would know what to do.
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  18. #18
    Originally posted by Rob83
    He's very lucky he didn't get arrested.

    I am not sure the law in NY, bu t in FL, if you take the 4 hr course and pay a reduced fee, you don't lose your license, no pts added and your insurance doesn't go up.
    He must have gotten a break, When I was 17 I got clocked doing 135 in a 55 on Rt 219 in NY, I had my car towed, I spent the night in jail, had a nice $1350 fine to pay, and would have lost my license for 4 years except for the fact that I was going into the military in 2 months so the judge "Gave me a break"
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  19. #19
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    In Suffolk County, the cop doesn't have to appear. It's an exception around here; if the ticket was written in NYC you might have that hope, but not in Suffolk. The information on the ticket is accepted as the evidence against you, the officer who wrote it doesn't have to testify to its veracity, it's taken essentially as his written testimony.

    Someone mentioned the possibility of "pleading down" with the cop, but that's not an option -- it's the prosecutor who can do that with you.

    Whether the date written in the wrong place matters is up to the judge, though if the prosecutor thinks that the particular judge your friend appears in front of may lean towards dismissal for something like that they may drop or reduce the charges before it gets to the judge.

    In any case, this is a pretty serious traffic offense and one for which getting a lawyer would probably be a good idea.
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  20. #20
    In Michigan, If the cop does not show up for the court hearing, then the ticket is thrown out.
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  21. #21
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    Originally posted by JayC
    In Suffolk County, the cop doesn't have to appear.
    That's the first I ever heard of that. Any court I've ever been in, in NY if you ask for a deposition then the cop has to show. If not then the ticket is thrown out.
    Someone mentioned the possibility of "pleading down" with the cop, but that's not an option -- it's the prosecutor who can do that with you.
    Again... Any court in NY I've ever been in, the cop does the negotiating for speeding tickets, not the DA.
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  22. #22
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    I've heard the same thing. If the cop doesn't show up, it's thrown out. Maybe your thinking of state troopers. State Trooper's do not have to show up for court hearings and they are represented by the DA.
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  23. #23
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    Originally posted by Neo3Net
    I've heard the same thing. If the cop doesn't show up, it's thrown out. Maybe your thinking of state troopers. State Trooper's do not have to show up for court hearings and they are represented by the DA.
    How I see it is, your friend is risking it big by fighting the ticket. Besides losing and having to pay the ticket, he may end up paying hundreds of dollars for court fee, attorney fees, etc.

    If I was him, I would find out if it is possible to take a 4 hr course and pay a reduce fee. No pts added.
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  24. #24
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    I had a need for speed many times, that's apart from The Need For Speed. I did something about it, hit the road who knows how many times, 90 mph was slow to what I was going, but I must say I never did it elsewhere but on a highway. Never did it intoxicated or tired and got pulled over only once, but wasn't going that fast at the time, so no real problem there.

    I'm sorry for the guy, cause we were all young and wild once, but he should have thought about it before acting. I mean, come on people 90 instead of 30 mph, that's really something. I knew too many people who got killed in the city, because there was someone speeding. So the guy has just got the licence 5 months ago and he is 17. Ok, but a reckless one. A car is a potential weapon, it's a dangerous thing to operate and can be lethal when not operated properly, that's why the government wants you to get a licence to be able to use one. This guy demonstrated a misuse, because a street car is basically a mean of transportation, not a speeding mean. Now he will just have to get another mean of transportation for a year. Since he's 17 and probably fit that should be no problem.

    In Europe you can not even get a licence before you are 18, so that's probably one of the reason why it's hard to produce a decent amount of sympathy from my part, too.
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  25. #25
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    In the UK double the speed limit you are looking at jail time
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  26. #26
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    Originally posted by Neo3Net
    I've heard the same thing. If the cop doesn't show up, it's thrown out. Maybe your thinking of state troopers.
    No. It doesn't matter which agency the cop is working for, the rules as they're established by the court are the same for everyone. Restating that, the rules are established by the court. In Suffolk County, the cop doesn't have to be there when you apprear. In other counties in the area, including NYC, he does.

    Of course even if you are in a place (and I know, it's most places) where he does have to be there, it's unlikely that he won't show. Why shouldn't he? If it's during his regular shift (that is, he's working a day tour) it's a chance to get out of the routine job, take the paid time to drive to the courthouse, hang out with other cops, drink coffee, read the paper, whatever... and even usually get away with showing up later than you have to. If it's not during his tour, he gets overtime pay to be there. And the cop gets flexibility as to what day goes on your summons for you to appear -- it won't be his scheduled day off.

    It happens from time to time that a cop won't appear -- but not very often. And, again, in Suffolk County in doesn't matter.
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  27. #27
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    Originally posted by benoitb
    It defies the laws of science, wht members can't be super fit.

    then again according to the laws of physics a bee can't fly.
    What laws of physics would that be? None that apply to how a bee might fly, certainly.


    Very much off-topic, but I can't let that pass! That "urban legend" originated in the 1930s when an entomologist wrote that an engineer who was working with him couldn't explain it using normal mathematical explanations of steady-state aerodynamics. Essentially he was using calculations that would predict the amount of lift that would be produced by aircraft wings the same size as those of a bumblebee. Of course, a bee's wings move. Very quickly.

    Scientists today absolutely understand how a bumblebee can fly. The simple approach of the Navier-Stokes equations won't work, because the movements of a bee's wings (or those of a bird, for that matter) are too complex to be expressed by that mathematical computation.

    But the understanding of the Reynolds number and that bees, birds, and other flying animals -- unlike aircraft -- use a "delayed stall" in flight explain the basics, and wake capture and rotational circulation explain how they're able to maneuver or "steer."

    I can't explain it all, but scientists who specialize in it can. In fact, while they haven't yet (as far as I know, it's been a few years since I looked into this) been able to build a robotic model that can fly successfully through the air using those principles, they have developed models that can produce enough measurable lift in a laboratory situation to demonstrate that it could be done.
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  28. #28
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    Proof that young people shouldn't drive (most cases). They dont think wise. He got caught he should suffer with him getting it taken away.
    I am back....

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  29. #29
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    people who speed should have there license taken away for life! Many people loose there lives through idiots who speed. he should be happy that he didnt kill or seriously injure anyone.

    remember this link that was posted here a short while ago?

    http://www.geocities.com/adykingsley/

    All road rage can lead to these things happening!
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  30. #30
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    So sad off topic, but anyone drinking and driving should get thier drivers licence taken away, and put in jail. If they kill someone or ruins someones life they should suffer the same as they did to that person.


    Originally posted by stevey
    people who speed should have there license taken away for life! Many people loose there lives through idiots who speed. he should be happy that he didnt kill or seriously injure anyone.

    remember this link that was posted here a short while ago?

    http://www.geocities.com/adykingsley/

    All road rage can lead to these things happening!
    I am back....

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  31. #31
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    Stevey, that is the saddest thing i have ever read.
    That man ruined her whole life.
    She used to be pretty.. and in 45 seconds, that was all destroyed..
    SO SAD..
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  32. #32
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    Originally posted by Torith
    Proof that young people shouldn't drive (most cases). They dont think wise. He got caught he should suffer with him getting it taken away.

    That's the biggest load of horse **** I've ever heard. young people shouldn't drive? Who are you kidding? As if older people don't speed or think WISE enough. How many DUI's have I've seen of people in their mid 30's/late 40's,
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  33. #33
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    Of course even if you are in a place (and I know, it's most places) where he does have to be there, it's unlikely that he won't show. Why shouldn't he?
    There must be a lot of reasons because I've seen this work on more than one occassion. Never for me but I was in court once or twice and seen it happen. It happend to my father. And Iv'e been told by numerous people that it worked for them.
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  34. #34
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    WHo am I kidding? Ha how old are you exacly? First off I seen many people not just young, but of all ages. Though when your younger seem not to care as much of responsibility. Also with the DUI's I agree I have, but how many teens under age drink and drive? I can name a whole bunch within the last month.

    also side note I do not think cops should give out DUI's they should just take your driving priv. away.


    Originally posted by Rob83
    That's the biggest load of horse **** I've ever heard. young people shouldn't drive? Who are you kidding? As if older people don't speed or think WISE enough. How many DUI's have I've seen of people in their mid 30's/late 40's,
    I am back....

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  35. #35
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    In school today, he was broken to peices. I've never seen him like this. I think it's clear that the ticket has had a positive effect on him. It's stupid to speed, I've told him many times, but I guess it took a cop to tell him before he got the message, which maybe this is a good thing, because maybe this will save his life one day. Also, you'd have to know the road, it's not really a 30MPH zone. Everyone goes down it at 55 as it's one of the few roads that connects the North Shore and South Shore on Long Island. (There's only about 5 in Suffolk) Anyway, I wish there was something he could do to maybe just keep his licesne. He has a pretty good job, and doesn't mind the fine; however if he gets his license taken away, he can't go to college next year. Talk about someone ruining their lives.
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  36. #36
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    Originally posted by Neo3Net
    In school today, he was broken to peices. I've never seen him like this. I think it's clear that the ticket has had a positive effect on him.
    Having been 17 once (ages ago), I suspect that the ticket and pending loss of license is what's upsetting him, not the realization that he shouldn't speed. I also think that if he got away with this incident, it would be quickly forgotten, and even eventually bragged about to his friends.
    Would he no longer speed? Hard to say, but IMHO, I doubt it.

    It's a harsh lesson, and will affect him for a long time, but at least no one died for him to learn it.
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  37. #37
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    Here in AB, CA.. if the cop makes a single mistake, it can be thrown out.. if he mispells my name (Michael) it will be thrown out... if he puts my dob off by a couple days... it's thrown out.

    That's one of the good things here, just pray he makes a mistake! hahah.

    (Tip for speed traps(nova) - drive beside someone the whole way: it can be argued that they clocked the other person in the picture, and it wasn't you. the same can be said by the other person)

    I've been caught going 40 over the speed limit a few times, off each 2 of the 3 times, the 3rd it was a knock down to 20.

    First time I was stopped by the fuzz was when I was 16, 2 months after I got my license.. was questioned for running a red light, speeding, failing to stop at a stop sign, failing to signal, stunting and driving with alchohol in me(anything over zero - but i was under, waayyyyy under the legal limit for off - probation drivers) got off with a warning. I would've gotten my license taken away right there, it did keep me from doing some of the stupid things I did (dohnuts on the school yard).. but I still speed, stunt and weave in and out of traffic. Until I get my license taken away, I won't stop.. and when I get it back, I'm going to take advantage of my huge insurance costs by doing it some more.
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  38. #38
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    Originally posted by mg-
    Here in AB, CA.. if the cop makes a single mistake, it can be thrown out.. if he mispells my name (Michael) it will be thrown out... if he puts my dob off by a couple days... it's thrown out.

    That's one of the good things here, just pray he makes a mistake! hahah.

    (Tip for speed traps(nova) - drive beside someone the whole way: it can be argued that they clocked the other person in the picture, and it wasn't you. the same can be said by the other person)

    I've been caught going 40 over the speed limit a few times, off each 2 of the 3 times, the 3rd it was a knock down to 20.

    First time I was stopped by the fuzz was when I was 16, 2 months after I got my license.. was questioned for running a red light, speeding, failing to stop at a stop sign, failing to signal, stunting and driving with alchohol in me(anything over zero - but i was under, waayyyyy under the legal limit for off - probation drivers) got off with a warning. I would've gotten my license taken away right there, it did keep me from doing some of the stupid things I did (dohnuts on the school yard).. but I still speed, stunt and weave in and out of traffic. Until I get my license taken away, I won't stop.. and when I get it back, I'm going to take advantage of my huge insurance costs by doing it some more.
    is it a medical condition that you have?
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  39. #39
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    Fuzz?
    Predates even me...
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  40. #40
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    Originally posted by Torith
    WHo am I kidding? Ha how old are you exacly? First off I seen many people not just young, but of all ages. Though when your younger seem not to care as much of responsibility. Also with the DUI's I agree I have, but how many teens under age drink and drive? I can name a whole bunch within the last month.

    also side note I do not think cops should give out DUI's they should just take your driving priv. away.
    You're stereotyping young adults because you've seen a few be irresponsbile. I, on the other hand, have seen more adults be irresponsbiel because they think that becayse they are older, they know what they are doing (and boy are they wrong).

    I also think 17 is too young to be driving alone. I say we move it to 18 yrs old, that way if someone does happen, that driver is responsbile himself, and not his parents.

    As far as DUI, I agree. Not only should your driving license be revoked for say 6 months (the first time), but you should get a $1500 dollar ticket, require an 8 hr driving course, than you must RETAKE the drivign test at the DMV and pay a BIG fee (like $250). Punish the bastards.
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