Can I do anything against a speeding ticket that should't be mine?

[oom bop]

What is the name of your state? New York (Niagara County)

I got pulled over on a short stretch of thruway in Niagara Falls, New York, by a State Trooper. My headlight went out the day before I got pulled over so the night I got pulled over I had my brights on (so both headlights would be on) because I hadn't had the chance to fix it yet. Because of this I was being careful with my driving because I didn't want to give any reason to be pulled over. As I was driving there was a car in front of me, that was obviously going faster than me because it was gaining distance from me at a fairly rapid rate. Suddenly a state trooper pulls out and I thought it was for the guy in front of me because I had no guilt of doing anything wrong on my mind at all. Never the less he pulled me over and I got a ticket for going 61 in a 45. 45mph on the thruway was rediculous to begin with but I was going exactly 50 and the whole time I was looking at my speedometer. I can garantee he tagged the guy in front of me and pulled me over instead (possibly due to the fact that I drive a bright red firebird with tinted windows). So to top it off he gave me a ticket for my tinted windows. I bought it that way and did not have the oppurtunity to take the tint off. So I'm wondering if I have any chance at all against this (the speeding ticket) and what charges I'll recieve. I'm very stubborn and find it extremely unjust that I'm going to have to take off of work to go to court, probably pay over $100, and get points on my license for something I know I didn't do. Thanks to anyone who can help!

 

[sukharev]

Lack of responce to your question speaks volumes

A few pointers: forget for now the tinted windows ticket, and focus on speeding charge. Find out what the deal is with the speed limit, and how it was established. Look up on a ticket what was used to measure your speed, and look up appropriate defense online and in this forum.

Drop the details on the car, and the attitude, focus on the fact that you were 5 mph over, not more. This can go a long way when you discuss your case with prosecutor before trial. If 5 mph comes with no points, try to bargain for that, and pay full price for the non-moving tinted windows. If you still would have points, choose if you want to try and get the second ticket dismissed, or fight the whole package. You have a chance officer would not show up, but if he does, you need to know how to address evidence presented.

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.