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can you even fight(and win) a speeding not reasonable or prudent ticket

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eng236

Junior Member
I got a ticket in Staten Island for speed not reasonable or prudent. I was driving at a good pace in open traffic. there was at most 2 people on the road near me. when I got pulled over this cop ( looked like he recently got out of the academy) claimed that I was "possibly going 50 mph". on a 35 mph road (not a highway I asked for a radar gun and he did not provide he said that he was following me 4 car lengths away to measure my speed but, after I looked at the dash cam video it shows him slowing moving towards me after he began to follow me (this was before he turned his lights on) anyways, has anyone fought a ticket like this before and is it even a winnable case?

edit: my record is clean but I am 17 years old
 
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not2cleverRed

Obvious Observer
I got a ticket in Staten Island for speed not reasonable or prudent. I was driving at a good pace in open traffic. there was at most 2 people on the road near me. when I got pulled over this cop ( looked like he recently got out of the academy) claimed that I was "possibly going 50 mph". on a 35 mph road (not a highway I asked for a radar gun and he did not provide he said that he was following me 4 car lengths away to measure my speed but, after I looked at the dash cam video it shows him slowing moving towards me after he began to follow me (this was before he turned his lights on) anyways, has anyone fought a ticket like this before and is it even a winnable case?

edit: my record is clean but I am 17 years old

You *had* a clean record.

1) Tell your parent(s)/guardian(s).
2) Check your attitude. You, a 17 year old, are accusing the "cop" of being young/inexperienced/wet behind the ears.
3) You were going over 35mph.

And what it your defense?

Note: you need a lawyer if you want to "fight" this, and since you are under 18, this means getting an adult's help.
 

eng236

Junior Member
You *had* a clean record.

1) Tell your parent(s)/guardian(s).
2) Check your attitude. You, a 17 year old, are accusing the "cop" of being young/inexperienced/wet behind the ears.
3) You were going over 35mph.

And what it your defense?

Note: you need a lawyer if you want to "fight" this, and since you are under 18, this means getting an adult's help.

Turning 18 in 7 days. The officer claimed i was going over 35 yet has no solid proof and my dash cam shows that he was lying when he described how he came to the conclusion to pull me over. If he knew my exact speed wouldnt he have given a speeding ticket instead of a "speed not resasonable and prudent ticket". Parents know they said this is my issue now and i am planning on fighting it
 

eng236

Junior Member
You *had* a clean record.

1) Tell your parent(s)/guardian(s).
2) Check your attitude. You, a 17 year old, are accusing the "cop" of being young/inexperienced/wet behind the ears.
3) You were going over 35mph.

And what it your defense?

Note: you need a lawyer if you want to "fight" this, and since you are under 18, this means getting an adult's help.

My defense is that since he did not measure my speed correctly he cannot give me a ticket
 

not2cleverRed

Obvious Observer
My defense is that since he did not measure my speed correctly he cannot give me a ticket

I predict that you will lose.

He's been trained, you have not. He has more credibility than you.

It is not just the speed that is an issue. His dash cam will show his POV, which might lend insight into his judgement of your driving being "not reasonable or prudent".
 

HighwayMan

Super Secret Senior Member
...has no solid proof ...

Besides his sworn testimony? A police officer is not required to show you anything on the side of the road and a speed measuring device is not even needed in New York to obtain a speeding conviction.

Listen kid, let me tell you something about the Staten Island office of the Traffic Violations Bureau - the Administrative Law Judges there are TOUGH beyond what you can imagine, especially Judge Levine. If you get him you'll lose, get hit with a much higher than average fine, and count on a license suspension too. He doesn't care very much for kids who think they know everything.

If you see him in your hearing room, I would run outside to the window and change my plea to guilty and just pay the fine if I was you.
 

eng236

Junior Member
Besides his sworn testimony? A police officer is not required to show you anything on the side of the road and a speed measuring device is not even needed in New York to obtain a speeding conviction.

Listen kid, let me tell you something about the Staten Island office of the Traffic Violations Bureau - the Administrative Law Judges there are TOUGH beyond what you can imagine, especially Judge Levine. If you get him you'll lose, get hit with a much higher than average fine, and count on a license suspension too. He doesn't care very much for kids who think they know everything.

If you see him in your hearing room, I would run outside to the window and change my plea to guilty and just pay the fine if I was you.
But if my dashcam video shows im not speeding I should be clear. I mean open traffic and he even said "possibly speeding" which means that he admits he wasnt 100% . Shouldnt the video and that lead to a not guilty plea?
 

Zigner

Senior Member, Non-Attorney
But if my dashcam video shows im not speeding I should be clear. I mean open traffic and he even said "possibly speeding" which means that he admits he wasnt 100% . Shouldnt the video and that lead to a not guilty plea?

Your dash cam video is worthless.
 

HighwayMan

Super Secret Senior Member
Why so? Has anyone ever faced levine and could give me any tips?

I have prosecuted many cases in front of him and seen scores of others. Police officers do not lose in his court room. He's a hard-ass with violators and he doesn't play games. There is no such thing as the minimum fine in his court room, especially with speeding. He has the other judges in Staten Island go right along with his style.

And yes, your video is useless because it shows nothing that's relevant, and if you want to TRY to use it, make sure you have it on media that you can turn into the court.

By the way, what class license did you have on the date of the violation?
 
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eng236

Junior Member
I have prosecuted many cases in front of him and seen scores of others. Police officers do not lose in his court room. He's a hard-ass with violators and he doesn't play games. There is no such thing as the minimum fine in his court room, especially with speeding. He has the other judges in Staten Island go right along with his style.

And yes, your video is useless because it shows nothing that's relevant, and if you want to TRY to use it, make sure you have it on media that you can turn into the court.

By the way, what class license did you have on the date of the violation?

I have a class D license. should I call the court room to ask what video files they support or should I bring in my laptop?
 

LdiJ

Senior Member
I have a class D license. should I call the court room to ask what video files they support or should I bring in my laptop?

You are going to need a copy that you can physically give to the court, so bringing it on just your laptop would not be sufficient.
 

army303rd

Junior Member
The only 100% chance you have is if your dash cam shows your speed in the video... Anything besides that you will want to just pay the ticket because from what I have read apparently Staten island is a "no evidence" jurisdiction which city/states/countys use to get easy quick money...
Also depending on your area's uniforms regs look for stripes... No stripes means less than usually 2 years of experience 1 stripe or "private" means 2-4 years experience... Any more than that just take the ticket it is really not worth it... Also assuming this was a rook in that traffic stop you can always ask for a supervisor if something seems fishy... Assuming the supervisor comes they have to review the case with the officer who stopped you and look at any evidence they may or may not have... If you still get a ticket for speeding you sped just take it and pay it there will be almost no getting out of it.
 

Zigner

Senior Member, Non-Attorney
The only 100% chance you have is if your dash cam shows your speed in the video...

You're saying that's a 100% chance? Without any proof of how the speed was measured, the accuracy of the device, or any validation that the video wasn't tampered with?

Awesome. Tell me, will you pay all fines, fees and other costs if the OP loses your "100%" gamble?
 

HighwayMan

Super Secret Senior Member
...from what I have read apparently Staten island is a "no evidence" jurisdiction which city/states/countys use to get easy quick money...

Seriously... go away. You have no clue what you are talking about.


Also depending on your area's uniforms regs look for stripes...

Huh? What on Earth are you talking about? No, never mind, I don't need to know.


Also assuming this was a rook in that traffic stop you can always ask for a supervisor if something seems fishy... Assuming the supervisor comes they have to review the case with the officer who stopped you and look at any evidence they may or may not have...

No supervisor is going to respond to your nonsense or even question the officer's evidence. No boss has to review anything. You are totally out of touch with reality, at least for New York City.
 

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