Speeding ticket???

[momofthree]

We filed on 2/28/10. We recently got a speeding ticket in the mail, which was originally issued 2/22/10 (a week before we filed). It's nearly $1300! Can we amend our plan to include it? Or since it was incurred by breaking the law (albeit a minor infraction) is it exempt from bk filing? If we did include it, would it be considered priority and therefore raise our monthly payment (we're in a 13)?

[HHM]

Bad news, it is not priority and it is non-dischargeable.

You can "include" it, but unless you are in a 100% plan, it will not be paid in full. Try to work out a payment plan with the court or whatever agency is handling it and then amend your chapter 13 plan with that "expense".

[Meatstick]

A $1300 dollar photo radar speeding ticket ? WTF were you going 25mph over in a school zone or what ?? I guess the local government always finds a way to increase revenues.

[debtinohio]

What Meatstick said...how fast was this?

[justbroke]

HHM covers this well. So, the only question I have is repetitive, but... $1,300 for speeding? How fast????

You may want to hire an attorney who can reduce the charge. I know in Florida, there are attorneys who specialize in reducing fines related to moving violations. Some of them do it through attrition, and others through negotiating down to a non-moving violation.

[junker]

yes...that would be very interesting to see.....how much a lawyer would charge to TRY to eliminate a 1300 buck ticket...maybe 2500 in lawyer fees??

[justbroke]

yes...that would be very interesting to see.....how much a lawyer would charge to TRY to eliminate a 1300 buck ticket...maybe 2500 in lawyer fees??

Most charge $100 in Florida. They never even "appear" at court and they do so many of these (1,000 a /month) that it's lucrative. Again, many are done by attrition -- keep just filing continuances until the case is a year old, then file a motion to dismiss for due process / speedy trial issues.

[dscurlock]

This seems to be unrealistic for a speeding ticket, no matter how fast
the driver was going, but anyways, when I had a truck accident years
ago, I hired an atty for $500, he exceeded his worth by getting
everything dropped, as if I never had the accident period since it
never made it on my record...I guess the court figures if you can not
afford an atty, then its easy money for them, but if they have to deal
with an atty, then that can change things sometimes...so rather then
giving you the full charge, they could reduce the charge, or dismiss
it period...atty's can be great sometimes...

[HHM]

Let's back up, if this was photo radar, you may have a chance to discharge it in a chapter 13.

It will depend on what state you are in and how they treat these tickets.
See Perez v. Cambell 402 US 637 (1971). That federal law preempts state law and that having certain types of administrative traffic fines is trumped by the goal of chapter 13 to provide a fresh start.
11 USC 1328 does allow for discharge of certain civil fines.

[momofthree]

It was ticket #3 in the last 18 months, 22 miles over speed limit (77 in a 55 zone). I believe this particular highway is also a "double fine zone." Usually, if you just show up to traffic court, they automatically cut the fine in half, but that is still insanely high for a freakin' speeding ticket.

Honestly, I about $hit myself when I saw that bill come in the mail. My dh is lucky he's still breathing, I about strangled him....

[justbroke]

Oh, a habitual speeder. If that ticket has points attached, I'd be more worried about your, now, $4K-$6K/year insurance bill!

[nc73]

Oh, a habitual speeder. If that ticket has points attached, I'd be more worried about your, now, $4K-$6K/year insurance bill!

No points since it's a camera that caught him. Although I think if you don't pay you get points..

[momofthree]

No points since it's a camera that caught him. Although I think if you don't pay you get points..

I'm not sure what you mean by camera? He was pulled over by a cop and issued the ticket on the spot, we just didn't get the actual bill until a few weeks later.

The last 2 tickets haven't really affected our insurance rate by much, I wonder if it takes a while before the rate-hike takes effect??? Anyone know??? We're paying $170/mo now for 3 vehicles with max coverage and he drives 120 miles/day. If our rates skyrocket too we are royally screwed!

Ugh, excuse me, I have to go kick my dh in the ass again really quickly.....

[OregonMom]

I used to work for an insurance company and the last thing you want to do is call and ask what your rates will go up to because of the speeding tickets. Most don't check your driving record every renewal unless you have a bad record or call and ask if it will go up due to a ticket. My husband got two speeding tickets last year and we are still getting our safe driving discount so I am guessing they didn't check our driving record this last year. I would go to court, get the ticket reduced and sign up for the payment plan and don't call your insurance company!

[momofthree]

I used to work for an insurance company and the last thing you want to do is call and ask what your rates will go up to because of the speeding tickets. Most don't check your driving record every renewal unless you have a bad record or call and ask if it will go up due to a ticket. My husband got two speeding tickets last year and we are still getting our safe driving discount so I am guessing they didn't check our driving record this last year. I would go to court, get the ticket reduced and sign up for the payment plan and don't call your insurance company!

Thanks for the advice! I will NOT be calling the insurance co, lol.