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80 in a 65 on I-390 in NY

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NYSTRoopeRsSuck

Junior Member
I was recently issued a ticket for 80mph in a 65mph zone in NY on I-390. I was pulled over by a NYS Trooper. The car was marked but had no lights on the top (i dont think this matters at all, just giving the details). The trooper was travelling southbound and i was travelling northbound. I didnt see the trooper until he started to cross the median to come after me. He said he clocked me at 80 miles per hour and I told him that I thought I was doing like 75. He said that the speedometers in old cars are likely to be 5 miles per hour off. He proceeded to write me the ticket for 80mph. I really am not sure how fast I was going as I wasn't looking at my speedometer until after I saw him start to cross the median and I was doing a little over 70 at that time. There weren't really any cars around me except for a few that were probably 20 car lengths back or so. This is my first ticket and it was even my first time being pulled over. What is the best way for me to get this ticket reduced or even dismissed. Thanks for all your help. SeniorJudge - i have read some of your other posts and let me say they are truly enlightening, feel free not to reply to this one.
 


qcxlvr1

Member
Whether or not it was your first ticket or first time being pulled over really has no bearing on this at all. Nor does it matter that the patrol vehicle was equipped with low profile lighting--most of the new State Police cars are being configured in this fashion.

The State Police use Stalker Dual DSR stationary/moving radar units mounted in the vehicles. Because you were both traveling in opposing directions, he probably had his front antenna on in the moving mode-a common practice in radar enforcement. If he said you were going 80, you probably were. You indicate yourself in your post that you were not sure of how fast you were going until you saw his vehicle reverse in the median. Radar travels extremely fast and it is possible that at the very first point you entered his zone of influence, your vehicle was traveling at 80 MPH. State Troopers are highly trained on speed timing devices and besides, the radar units emit noise to assist in identifying specific targets.

I really doubt you'll get the ticket dismissed, however, since its only 15 over, I am sure if you plead not guilty and appear in court, you will succeed in having it reduced to something like "parked on highway," which carries no points and isn't even a moving violation and will not effect insurance. If you think you were wronged somehow, you can request a supporting deposition, however if the trooper who wrote you is the prosecutor, he may not offer you as good of a deal as he would have originally--request it at your own risk if you think you were not in violation.

So my advice--plead not guilty and it will be reduced. Small upstate courts only want your money.
 

mdl665

Junior Member
I know exactly where you got pulled over. The cops in that area are some of the unfriendliest. Anyway my brother got pulled over on I-390 2 years back for 92 in a 65. Pretty big offense. Unfortunately he lost track of his speed because the road was so wide open. Definitely go to court. The judges in that area will reduce the points and possibly raise the fine slightly. They cut his ticket to an 82 in a 65, which reduced the points. Generally judges will uphold the ticket if the trooper doesn't show up in court, however they will offer you a very nice plea bargain for being honest and explaining yourself.
 

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