• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Speeding ticket-out of state

  • Thread starter Thread starter gemgal
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

gemgal

Guest
URGENT:
While traveling through the state of NY on the way home from Boston, I received a speeding ticket in a construction zone for 22mph over limit. The officer was unprofessional and rude from the moment he approached the car. I was traveling in a stream of traffic and he claimed I was going faster than the cars in front of me and the cars behind me. ( Thats scientifically impossible as far as I know) He was hidden by a overpass bridge.(I assume thats where he was) There wasn't a warning of 20mph drop in speed limit until you were right at sign. I immediately went out of speed control and slowed down. I may have been still going over the speed limit but certainly not by 22 mph, and I was still with the steam of traffic, all traveling in the right lane... I sent certified letter within the 48 hour period claiming not guilty and asking for deposition of evidence(?) Ticket was issued on the 9th of August, I sent letter on the 11th of Aug and as of today Aug 24th, I have no answer of any sort. The court date is this coming Monday, Aug 28th, only 19 days from issuing of ticket. The time is set for 6pm which seems unusal in itself. I tried calling court today and only got a recording, seems they are open only 9am till 12noon M-F. I did leave a message. Soooo what do I do now and what are my rights!!!I feel as though I am being taken for a real ride. Have been driving for 40years and do not have so much as a parking ticket to my name. Thank you for any advice. Marguerite E Marr
 


ALawyer

Senior Member
This will be your word against the police officer's, UNLESS you have a legal basis to knock out the charges.

For example, if the speed zone sign was hidden until you were on it, and there was no prior notice of the decrease in time for anyone going at the higher rate of speed to decelerate, you have a real problem. It is no defense that you were above the limit, but so was everyone else, and he only stopped you.

He has to be able to prove the radar detector he used was calibrated (he will be able to 999 of 1000 times), he was certain the car was yours, etc.

I usually advise people that the best chance of winning is for the cop to fail to show up. As for the time of the hearing, if you want to verify that court is scheduled, write a letter and ask for another day or time.


------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top