Legal Question in Traffic Law in New York

It has been over twenty five years since I received a traffic ticket, but the other night I received two totally unwarranted tickets from the same police officer. I am charged with going twelve miles over the speed limit and going through a stop sign. I have a few questions. First, the officer ony jotted down the road where she stopped me for speeding. She did not give an address. There was no address at the spot right past a traffic signal where I had stopped for a minute or more. Second, she did not state whether she used radar or anything other than PACE to measure my speed. She probably stopped me about two hundred feet past the traffic signal. In fact, she failed to even tell me she was giving me a speeding ticket. I realized it after I opened the computer paper. The officer jotted two different locations on the two tickets, but gave each ticket the same exact time. Considering I stopped for the traffic light, it would be impossible for me to be in two places at once. I have asked for a supporting deposition. How long does she have to provide me with a supporting deposition before I can file for dismissal of all charges with prejudice? And is that calendar or business days? Second,if I file for dismissal with prejudice, can she file charges again? Third, does the fact that both tickets have the same exact time work in my favor? I truly doubt this woman will take the time to provide a deposition. Cars were racing past me, mostly expensive cars manned by local attorneys coming from the area courts. She deliberately sought the little old lady driving an old car and with a small stuffed animal in the rear window. I think she thiought I would be an easier mark than the others. I am not. This occurred in Nassau County.

Asked on 10/21/16, 6:45 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

They have to provide the supporting deposition within 30 days of your request or 5 days before trial. You can make a motion to dismiss at trial but I wouldn't recommend going to trial without an experienced speeding ticket lawyer. If both tickets were issued at the same time and indicated events occurred at the same time, it could be helpful but it's also possible for a person to speed through a stop sign and commit both offenses simultaneously. If you'd like a free telephone consultation to discuss your options, please feel free to call me at 212-920-6950.

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Answered on 10/21/16, 9:05 pm
Robert Evans Robert S. Evans esq.

I agree with the time frame provided by the other attorney regarding the supporting deposition. Quite a bit of the possible outcomes depend upon where the ticket is returnable. Most likely it will be @ Nassau County Traffic & parking Violations , if so there will be an opportunity to "plea bargain" these violations. For more specific info ,please contact my office @ 718-834-0087 for a free phone consultation.

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Answered on 10/22/16, 6:28 pm

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