Legal Question in Traffic Law in New York

Re: Traffic Infraction Must be witnessed?

This must be very frustrating for you. Not only did you damage your car, but you got a ticket without involving any other vehicles or having a witness!

The burden of proof that you were going too fast is on the prosecution. The testimony of the officer that he examined the site and found evidence that you were going too fast can be sufficient to 'prove' the prosecution's case.

However, this kind of evidence can be attacked. What evidence did the officer examine? Did he make measurements? If so, did the officer make any measurements with any measuring device? - this goes to the reliability of the officer's testimony.

There are other points that can be made.

Had any cars passed there after the accident, but before the police arrived? - this goes to whether the officer's testimony is admissible in court. If the accident scene was altered before the officer came, then his evidence cannot be the basis of the prosecution's case. it is not 'proof'. (It's a 'chain of custody' type of argument that you or your lawyer will make).

While you do not have a 100% defense, this case is by no means a slam-dunk for the prosecution. It is worth defending.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: Traffic Infraction Must be witnessed?

Through investigative means ie. the measurement of skid marks and other assorted technology a police officer may issue a summons based upon investigative information. I am a retired Traffic Court Judge and have seen this factual scenario many times, if you want further info you may call my office @718-834-0087.