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speeding NYC

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N

nycems

Junior Member
What is the name of your state? new york city

my wife recently received a ticket for 52 in a 35, there is no posted speed limit where she was which was on sunrise highway by the belt parkway, and about 1/2 mile down the road it's posted at 40mph. she was pulled over about 200 feet from the stop sign that she just stopped at,after exiting from the parkway, the officers state they used a radar detector, now there is also traffic the road merges with traffic that didn't have to stop and they didn't get pulled over, how can she defend herself with this, she wasn't speeding?
 
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S

sukharev

Member
1) If you can show there was no posted speed limit, that's one helpful evidence (you will have to videotape it and show in court)

2) Request radar calibration, maintenance and test records, as well as officer's training record through discovery (google that up). If it was indeed radar, then tuning forks had to be calibrated, too, and match the record for testing. testing itself should be done before and after the shift, so if it was not done, ticket should be dismissed.

3) Look up on the ticket what the traffic conditions were, and if they were medium or heavy, it may help, too. Radar beam is wide (unlike laser), and could generate false readings by bouncing off other cars.

4) Don't expect it to be easy, but try to learn how to do it, and hope for the best. Please, feel free to ask for more details. You can also find a lawyer if money is not an issue. Good luck.
 
Y

You Are Guilty

Senior Member
sukharev said:
1) If you can show there was no posted speed limit, that's one helpful evidence (you will have to videotape it and show in court)

2) Request radar calibration, maintenance and test records, as well as officer's training record through discovery (google that up). If it was indeed radar, then tuning forks had to be calibrated, too, and match the record for testing. testing itself should be done before and after the shift, so if it was not done, ticket should be dismissed.

3) Look up on the ticket what the traffic conditions were, and if they were medium or heavy, it may help, too. Radar beam is wide (unlike laser), and could generate false readings by bouncing off other cars.

4) Don't expect it to be easy, but try to learn how to do it, and hope for the best. Please, feel free to ask for more details. You can also find a lawyer if money is not an issue. Good luck.
Click to expand...
As noted in 2-3, you can fight the radar use. (Of course, even if you're successful, the officer is going to testify that he also visually estimated her speed and is qualified +/- 1 or 2mph, and only used the radar to confirm his estimation. At that point, you will have successfully pissed off the judge and can kiss any chance of leniency goodbye).

#1 is useless.

#4 is your "best bet" if you want any chance of having this reduced/dismissed.


Incidentally, my wife takes that route home every day and I am amazed anyone is able to hit 32mph, much less 52mph in that stretch. Your wife drive a Corvette?
 
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