Legal Question in Traffic Law in New York

1180 D Driving 80 on 65mph zone on NY-17

I was driving on left lane, as it was dark, and in a deer zone, with hardly any traffic. The police officer tailgated me for 1 1/2 miles. I was afraid it was some aggressive driver and I speeded up, so that I could get ahead of him and then cross to right lane. As I crossed to right, he put on the flashing light and pulled me over for'' speeding and driving on left lane''.However ticket only mentions Speed in Zone. Ticket says '' Arrest Type: 2-Radar. He also gave me a ''Supporting Deposition, without my asking for it. It says '' Charge based on: Direct Observation. Speed verified by PACE. I am from PA state, but live just across NY state border. How and should I contest this?

Asked on 5/21/08, 4:35 am

3 Answers from Attorneys

Graig Zappia Tully Rinckey PLLC

Re: 1180 D Driving 80 on 65mph zone on NY-17

Pleading not guilty and requesting a hearing is always recommended. The driver can benefit by having a hearing. More often, however, the ticket can be resolved through the mail. Hiring an experienced traffic attorney in the area that understands the use of radar, its accuracy, and the certifications required to use it properly is vital to not only trying to win, but to keep your insurance premiums lower for years to come. Paying a little today may save you two or three times in the future.

Our firm handles these types of issues and would be happy to help. I would need to review the ticket and see what can be done. Please contact my firm and I would be happy to assist.

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Answered on 5/21/08, 8:36 am

Robert Evans Robert S. Evans esq.

Re: 1180 D Driving 80 on 65mph zone on NY-17

Your options are pleading guilty, which will involve points,a fine and likely increase in insurance rates. You could plead not guilty,request a trial and then either win at trial or effectuate a "plea bargain".I am a former Traffic Court Judge and I would be happy to have a free phone consultation with you.

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Answered on 5/21/08, 12:12 pm
Dennis OSullivan The Law Office of Dennis O'Sullivan

Re: 1180 D Driving 80 on 65mph zone on NY-17

It's always worth contesting- in a worst-case scenario you're back where you started.

Where the summons is returnable has a lot to do with what might happen- what court is the ticket going to (usually found on the bottom of the ticket)? With most courts you or your attorney can speak with a prosecutor who will offer a deal--hopefully the ticket isn't returnable to one without, because then it gets interesting (usually not in a good way).

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Answered on 5/21/08, 3:52 pm

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