Legal Question in Traffic Law in New York

Speeding (1180D)

I was driving in Watervliet down a steep hill (19th St./Rte. 2) where the limit goes from forty-five down to thirty before an intersection. A police officer passed me in the opposite direction and proceeded to turn around and pull me over down a side street a minute or two later. Now, I received the ticket for going 61 in a 30, but when the officer passed me (and, presumably, recorded my speed), I was definitely still in the forty-five zone. However, the intersection listed on the report was nearly at the bottom of the hill near the traffic light. I also received a supporting deposition without having requested it. My court date is soon and I was just wondering how/whether or not I should go about contesting this. Thank you in advance.


Asked on 10/17/08, 12:14 am

2 Answers from Attorneys

Graig Zappia Tully Rinckey PLLC

Re: Speeding (1180D)

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 10/17/08, 8:15 am
Warren Redlich The Redlich Law Firm

Re: Speeding (1180D)

We handle cases like that. For a speed that high, our fee is $750. We would usually get a reduction to a lower speed. Right now you're looking at 8 points and fines up to $1180 ($180-600 + 85 surcharge + 450 DMV assessment). We would usually save you around $700 in fines and get you down to maybe 2-4 points. No guarantees, of course.

There's also a very big potential for insurance increases for a ticket like that. I can't predict. Some would guess a 30% increase; while another theory is that your rates would double or triple. Usually the reduction we get you would eliminate or at least lessen the insurance impact.

We have handled many cases in Watervliet (and neighboring Troy, Menands, Cohoes, and Colonie).

Warren

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Answered on 10/17/08, 9:49 am


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