NY, Suffolk -TVB: Help with Speeding Ticket 1180B

What is the name of your state (only U.S. law)? New York, Suffolk County.

Requesting help and advice on how to beat a ticket.

I received a speeding ticket on the NSP, while merging onto the highway. I was boxed in by a white civic w/ red racing stripes who was behind me on the entrance ramp. From behind me, the Civic got onto the highway before me and prevented me from getting on. I accelerated hard it to get onto the highway after him. I slowed down winthin 10 seconds of clearing the entrance ramp.

State Trooper was behind another car, in an adjacent lane. Within a few seconds he speeds up to me. I argued my point, and he said it didn’t matter, even if I only speed for one second. Gave me a ticket for 75 in a 55. He didn't use radar (1180B). Ticket is at the TVB in hauppauge.

I haven’t received any tickets or been in any accidents in over a decade. What are my odds and what approach should I use. I want to plead not guilty and have this dismissed.

Any help is appreciated.

Dasyce said:

I received a speeding ticket on the NSP, while merging onto the highway. I was boxed in by a white civic w/ red racing stripes who was behind me on the entrance ramp. From behind me, the Civic got onto the highway before me and prevented me from getting on. I accelerated hard it to get onto the highway after him. I slowed down winthin 10 seconds of clearing the entrance ramp.

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You are not permitted to exceed any speed limit in order to pass another vehicle. What you describe is not being "boxed in". All you had to do was take your foot off the accelerator and let the Honda pass you. Don't let someone else's bad driving influence yours.

Dasyce said:

Gave me a ticket for 75 in a 55. He didn't use radar (1180B). Ticket is at the TVB in hauppauge.

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And how do you know he didn't use radar?

And what's your problem with the TVB? Just curious.

Dasyce said:

I haven’t received any tickets or been in any accidents in over a decade.

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Irrelevant and the judge will not allow you to say anything of the sort. The judge will not consider your prior record until the penalty phase of the hearing after you are found guilty.

Dasyce said:

What are my odds and what approach should I use.

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Hire an attorney who is experienced with TVB. Your odds are poor in any case.

Dasyce said:

I want to plead not guilty and have this dismissed.

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You can easily plead not guilty - do it online. You will then get your court date in the mail. Chances of dismissal are slim.

Your best chance is if the trooper doesn't show up. How likely is that? I don't know. If the trooper is there then your chance of winning is not good.

HighwayMan said:

You are not permitted to exceed any speed limit in order to pass another vehicle. What you describe is not being "boxed in". All you had to do was take your foot off the accelerator and let the Honda pass you. Don't let someone else's bad driving influence yours..

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I slowed down, let him pass. At that point it was enter the highway or drive off the shoulder. I accelerated hard to get onto the highway, ( after him ) and to not jump into traffic that was moving at 50mph.

HighwayMan said:

And how do you know he didn't use radar?

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He was behind another car in an adjacent lane. Had no clear shot.

HighwayMan said:

And what's your problem with the TVB? Just curious.

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Cannot plea bargain my case, have no right to discovery, not entitled to a supporting deposition and hearsay evidence is admissible.

HighwayMan said:

Irrelevant and the judge will not allow you to say anything of the sort. The judge will not consider your prior record until the penalty phase of the hearing after you are found guilty.

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Worth a shot.

HighwayMan said:

Hire an attorney who is experienced with TVB. Your odds are poor in any case.

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Any recommendations?

HighwayMan said:

You can easily plead not guilty - do it online. You will then get your court date in the mail. Chances of dismissal are slim.

Your best chance is if the trooper doesn't show up. How likely is that? I don't know. If the trooper is there then your chance of winning is not good.

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Thanks for your advice. Not what I was hoping for.

Dasyce said:

He was behind another car in an adjacent lane. Had no clear shot.

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He doesn't need a clear shot. Moving radar has a "fastest" mode. He can pick you out if you were traveling faster than the others. Besides, an independent estimation is enough. He could have also paced you - either with his speedometer or moving radar.

Dasyce said:

Cannot plea bargain my case, have no right to discovery, not entitled to a supporting deposition and hearsay evidence is admissible.

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How is hearsay admissible?

Dasyce said:

Worth a shot.

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Not really - it's a waste of time. No judge will pay attention to it anyway. And your prior history means nothing - only the facts pertaining to the infraction being adjudicated.

Dasyce said:

Any recommendations?

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No. Go to the TVB sometime. There are regular attorneys who work out of there. Speak to one of them - they should all be about the same as far as competence. You should see them around the courtrooms in the hallway.

Dasyce said:

Thanks for your advice. Not what I was hoping for.

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Of course not, but that's the reality of your situation.


And here's a hint. When you get your court date let's say you get scheduled for a Wednesday at 8:30 AM. Go to the TVB on that same day of the week and time - that should be the trooper's regularly scheduled appearance day/time. You should see if he shows up and you can see how he operates in the court room. You may be able to better judge your chances. I would do this prior to hiring an attorney.

HM's last suggestion is an excellent one.

I'll add that often, the attorney whose office is next door to the TVB generally has quite a bit of experience there and probably has forged some personal connections with court personnel - something (the only thing?) that may be helpful when trying to plead out a stinker of a case.

There's not even any leeway here for dropping the speed, which some judges will do. They will agree to throw out the radar/lidar and go with the estimation minus the tolerance. But that would help you if you were written for 76 in a 55.

Only good news here is that 20 over the limit is 4 points which leaves you out of Driver Responsibility Assessment territory, so it saves you $300. Also, taking a DMV-approved defense driving course will eliminate those 4 points for suspension purposes. Of course, the speeding conviction will still be on your record.

You Are Guilty said:

I'll add that often, the attorney whose office is next door to the TVB generally has quite a bit of experience there and probably has forged some personal connections with court personnel - something (the only thing?) that may be helpful when trying to plead out a stinker of a case.

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Hmmm, I was only at Suffolk TVB twice - years ago. I don't think there is a next door. It's in a state office building in a complex of buildings, probably all government.

Most, if not all, of the attorneys operating in the TVB should be the regulars there. If you hang out 5 or 10 minutes they should be pretty obvious. In some of the TVB's the attorneys are given a work room of sorts where they can meet with clients. Not sure if Suffolk has one.

The regulars have the best chance of getting anywhere and know all the ins and outs of that particular office, and know the pluses and minuses of each judge and the regular officers/troopers.

Nope, just checked, you're right - it is in that complex in Hauppauge. (I was thinking of the one on Rector - some guy literally has an office one door away).

I have also found that asking a court officer for a recommendation or two works wonders. They see EVERYONE in action and probably know best of anyone in the building who is good and who isn't.

Rector Street, ah yes....

You're thinking of Jeffrey Levine, Esq - the guy with the traffic light in his front window! His office is right next door to 19 Rector at street level. Great guy.

Asking a court officer is a good idea, except that there are no court officers in TVB offices...

That's what I get for answering this and the Bronx SA part question back to back

Time to hit the showers.

Your article is no longer there.

Interesting, I have never seen you at any TVB that I am a regular at...

HighwayMan said:

Your article is no longer there.

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Neither is his post

I assume I missed something in between my last post and now? Or did I write an article and forget that I've written it again?

You Are Guilty said:

I assume I missed something in between my last post and now? Or did I write an article and forget that I've written it again?

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There was somebody trolling/spamming for business...reported.