Fighting an out of state speeding ticket

What is the name of your state? MD - incident happened in NYS.

I received an speeding ticket this past weekend in Orange County, NY. Officer claims I was doing 42 in a 30 MPH zone although he was traveling in the opposite direction and there were other cars behind and directly in front of me.

I'm seriously thinking of fighting it although it would mean a trip back to NY during the week. The alternative is not appealing to me at all - pay the fine and have my insurance rates raised for the next three years, that is in addition to having someone under 25 on the policy. My driving record is pristine for the past 5 years.

Any information shared is appreciated.

Many thanks,

Blacklove

Fight it or plead guilty and accept the consequences. Radar works in both directions. Cars nearby also exceeding the speed limit is not a defense.

But was his car doing 42 or someone else?

There's another option. They just want money, using as much tact as you can ask for a non moving violation with a slightly greater fine. It's worked for me every time I tried. (which was once)

mike_lee said:

But was his car doing 42 or someone else?

There's another option. They just want money, using as much tact as you can ask for a non moving violation with a slightly greater fine. It's worked for me every time I tried. (which was once)

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He claims I was doing 42 in a 35. My friend who was in the passenger seat reminded me we were coming around a corner when we passed the officer - which means it is not possible to do 42 MPH.

You are correct radar does not bend around corner and is highly direction. But it does spread out as it travels a distance the simple problem that exist with Radar is the person operating can not be 100% sure where the returning signal is coming from since he can not see it. Most police rely on what is known as tracking history to determine which car was producing the speed that is registered on the radar unit. Some radar units have the ability to only display the fastest return signal to make it easier for the Officer.

Tracking history is simply the officer looking at all the cars on the road and noticing the one or two cars who appear to be moving relatively faster than the cars around them. Even if he did not see you ahead of passing you he could have looked in the mirror and saw your relative speed being faster then the other cars around you. The problem with this method it assume the car around you did not slow down faster than you did, i.e. the person had a radar detector and slammed on the brakes or down shifted.

I have done this a number of times and saw the police pull the other car over since all they observed was the car in front or behind me gain ground so his relative speed was now greater than mine thus fell into the officer tracking history as being the faster car.

Call the court and see if they have a deferred adjudication program - you pay a higher fine but, if you don't commit another offense for a specified time (usually 90 to 180 days) the offense is not recorded on your record. You can usually apply for the program without appearing in court.

This program works particularly well for out of state tickets, since it is unlikely that you will be in the state AND commit another violation during the probation period.

Texas Pooh said:

Call the court and see if they have a deferred adjudication program - you pay a higher fine but, if you don't commit another offense for a specified time (usually 90 to 180 days) the offense is not recorded on your record. You can usually apply for the program without appearing in court.

This program works particularly well for out of state tickets, since it is unlikely that you will be in the state AND commit another violation during the probation period.

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Thanks for the information, I tried calling this afternoon to get additional information, the little village courthouse is only opened on M & W until 1:30 PM - . I wonder if the town clerk and the officer will be the same people!

blacklove said:

Thanks for the information, I tried calling this afternoon to get additional information, the little village courthouse is only opened on M & W until 1:30 PM - . I wonder if the town clerk and the officer will be the same people!

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That's in your favor.

mike_lee said:

That's in your favor.

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How could that be in my favor? I have a not so good vision of the officer and judge if not being relatives, very familiar with each other.

Forget trying to get out of paying, you will pay, just focus on keeping your insurance rates downIt's in your favor because you wont have to jump through hoops. You'll explain you are trying to keep your record clean and you don't mind paying the fine but you'd like to avoid a moving violation since you clearly were not driving recklessly at 7 MPH over the speed limit The person you explain this to will probably walk right up to the judge and get an OK.

Forget trying to get out of paying, you will pay, just focus on keeping your insurance rates down

mike_lee said:

Forget trying to get out of paying, you will pay, just focus on keeping your insurance rates downIt's in your favor because you wont have to jump through hoops. You'll explain you are trying to keep your record clean and you don't mind paying the fine but you'd like to avoid a moving violation since you clearly were not driving recklessly at 7 MPH over the speed limit The person you explain this to will probably walk right up to the judge and get an OK.

Forget trying to get out of paying, you will pay, just focus on keeping your insurance rates down

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Thanks! It is really OK to pay the fine, but the insurance rates potentially increasing is what I don't want happening.

blacklove said:

He claims I was doing 42 in a 35. My friend who was in the passenger seat reminded me we were coming around a corner when we passed the officer - which means it is not possible to do 42 MPH.

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I suggest you stay away from using this as part of your defense if you choose to fight it.

Here's why:

The officer had to get that 42 MPH reading off of someone's vehicle. The question is, were you doing 42 or was it someone else?

You say it wasn't you because you were coming around a corner where it was "not possible" for you to do 42 MPH. Then why is it possible for any of the vehicles around you who, are assumably coming around the same corner, to be doing 42 MPH???

blacklove said:

How could that be in my favor? I have a not so good vision of the officer and judge if not being relatives, very familiar with each other.

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Or they could be the same person....

J/K

occharge said:

I suggest you stay away from using this as part of your defense if you choose to fight it.

Here's why:

The officer had to get that 42 MPH reading off of someone's vehicle. The question is, were you doing 42 or was it someone else?

You say it wasn't you because you were coming around a corner where it was "not possible" for you to do 42 MPH. Then why is it possible for any of the vehicles around you who, are assumably coming around the same corner, to be doing 42 MPH???



Or they could be the same person....

J/K

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Thanks! I hadn't thought of that - I'm still trying to get information as to if they offer a delayed adjudication process.

I drove to NY yesterday for the speeding ticket. The officer that issued the ticket didn't show up, nor did he send the deposition I was entitled to receive - case dismissed!

blacklove said:

I drove to NY yesterday for the speeding ticket. The officer that issued the ticket didn't show up, nor did he send the deposition I was entitled to receive - case dismissed!

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You WON!!!! Cool....

Congrats!!!