Defense strategy for speeding

[genoobie]

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

Hello all, I was traveling some country road on my way back from a camping trip with my 3 kids. I was charged with traveling 62 in a 45. I understand there is the case of NY vs. Struck that says the radar has to have a tuning fork calibration immediately after the citation is issued. Any ideas if this is a decent defense strategy? Is the likelihood great that this procedure was done? Also, not really clear on how the whole radar thing works.

Do they estimate your speed first and then shoot the radar gun at your car? I was going down a straight road and just passed some trees and immediately noticed the police car stationed there, facing me about 100' away. Any tips on mentioning trees as an obstruction, causing errors with the equipment / reading?

The other thing is that the person who physically gave me the ticket was not the same person whose name was on the ticket. I'm not 100% sure but I don't recall seeing another officer in the car. I guess there are supposed to be two people involved in this process.

Other tips on anyone who has gone through this before would be greatly appreciated.

Thanks,

Sam

 

[asiny]

I understand there is the case of NY vs. Struck that says the radar has to have a tuning fork calibration immediately after the citation is issued. Any ideas if this is a decent defense strategy? Is the likelihood great that this procedure was done?

How do you think the tuning fork being calibrated AFTER the issued citation helps you? This would not be a decent defence... unless, are you thinking it was not calibrated BEFORE your stop? That would be an argument - but the chances are... it was.

Any tips on mentioning trees as an obstruction, causing errors with the equipment / reading?

No. Usually the police have already taken obstructions into account - and you were tagged well within their known un-obstructed views.

You realise that the advice given is in regards to the legality of it.. not 'tips' on how to argue if, in fact, you were speeding.

There is a NY individual who peruses the board - I am sure you will hear from them.

 

[HighwayMan]

Firstly, where did this occur, i.e. what city/town/village? I may know the court.

I understand there is the case of NY vs. Struck that says the radar has to have a tuning fork calibration immediately after the citation is issued. Any ideas if this is a decent defense strategy? Is the likelihood great that this procedure was done? Also, not really clear on how the whole radar thing works.

The unit is NOT calibrated by the officer - the calibration is checked by the officer. No tuning fork test is required after the ticket is issued. That's done at the start of the tour of duty.

Do they estimate your speed first and then shoot the radar gun at your car?

Yes.

I was going down a straight road and just passed some trees and immediately noticed the police car stationed there, facing me about 100' away. Any tips on mentioning trees as an obstruction, causing errors with the equipment / reading?

Obstructions don't mean much to radar, at least not the types of obstructions you describe. That will really get you nowhere.

The other thing is that the person who physically gave me the ticket was not the same person whose name was on the ticket. I'm not 100% sure but I don't recall seeing another officer in the car. I guess there are supposed to be two people involved in this process.

No, but there were this time apparently. Maybe one was the radar operator and one wrote you the ticket. Or very often one officer will have the contact with the motorist and one will write the ticket. There is nothing wrong with that.

 

[HighwayMan]

You were written for 17 over the speed limit - that's a 4 point speed. Generally if you plead not guilty you'll be offered a reduced charge - either a lower speed with fewer points or something else entirely, depends on the court.

 

[asiny]

You were written for 17 over the speed limit - that's a 4 point speed. Generally if you plead not guilty you'll be offered a reduced charge - either a lower speed with fewer points or something else entirely, depends on the court.

Thanks. And I apologise - I have not gotten you 'specialists' usernames committed to memory yet

HighwayMan, would it be best if their is a prosecutor involved to speak with them 1st to see if they will allow the plea prior to admitting guilt?

 

[genoobie]

The court is in ashford (west valley) cattaraugus county. I heard there is rumor that the town prosecutor does not discuss speeding tickets (so perhaps the judge?).

I guess what I was saying is that I only saw one officer in the area, but I could be wrong.

My case is not strong so I would like to plea down to a lesser charge if possible (with school or what not).

 

[genoobie]

Oh also, I would like to thank everyone for their input and suggestions.

I don't know for a fact that I'm not guilty, I don't recall exactly how fast I was going when I was stopped. That's why my defense is weak. However, I have a clean driving record (no violations for at least 8-10 years) and I would like to keep it that way if possible. I'm generally a good driver (granted there are periodic judgement errors but these tend to be rare), and I am remorseful if in fact I was speeding at the rate they claim.

I understand that if I take the more modest approach there is a greater likelihood of reduction of charge (i.e. if they offer a plea of guilty to a lesser charge versus going to trial I will take it.) I just want to maximize my chance of obtaining this option.

 

[HighwayMan]

Thanks. And I apologise - I have not gotten you 'specialists' usernames committed to memory yet

I have no idea what you're apologizing for. You didn't say anything about plea bargaining the speed.

HighwayMan, would it be best if their is a prosecutor involved to speak with them 1st to see if they will allow the plea prior to admitting guilt?

That's generally what happens - you don't walk in and say to the prosecutor that you're guilty.

 

[HighwayMan]

The court is in ashford (west valley) cattaraugus county.

Might as well have happened in France! That's like a foreign country.

I heard there is rumor that the town prosecutor does not discuss speeding tickets (so perhaps the judge?).

Uh, no... if the prosecutor does not discuss speeds then that means that there is no plea bargaining accepted for speeds. The judge will certainly not deal with this. But forget rumors, why don't you find out for sure? Go to the court and speak to a clerk and find out - or call them.

My case is not strong so I would like to plea down to a lesser charge if possible (with school or what not).

This isn't California. There is no traffic school here that gets you out of moving violations.

 

[HighwayMan]

I understand that if I take the more modest approach there is a greater likelihood of reduction of charge (i.e. if they offer a plea of guilty to a lesser charge versus going to trial I will take it.) I just want to maximize my chance of obtaining this option.

You won't know until you check with the court about pleas.

Either you get nothing - and you'll have to go to trial and take your chances. Might be worth it even if you have no defense. Make the officer prove his case.

Or you get a reduced speed.

Or you get to plea down to another charge like disobeying a traffic control device.

Bottom line is you have to check with the court to find out what they allow.

 

[genoobie]

Highwayman, thanks for the advice so far.

I called the court and the clerk had a judge get back to me (does this make any sense?)

The judge said if you plead not guilty they will schedule a night when the town prosecutor is available (something about how they are only there once a month). Hopefully they'll be past the 45 day limit and I can ask for a dismissal based on speedy trial (dunno if that actually works).

My best defense is to be humble and meek and show that I've learned my lesson (I think?). So should I email the town prosecutor and ask if they hear speeding tickets?

 

[asiny]

The judge said if you plead not guilty they will schedule a night when the town prosecutor is available (something about how they are only there once a month). Hopefully they'll be past the 45 day limit and I can ask for a dismissal based on speedy trial (dunno if that actually works).

My best defense is to be humble and meek and show that I've learned my lesson (I think?). So should I email the town prosecutor and ask if they hear speeding tickets?

Don't expect it to be dismissed if they pass the 45 day limit - as the court made arrangements to re-schedule when the prosecutor is available at your request.

Being humble and apologetic (and having a clean record might assist in this) to the prosecutor if they allow a lesser plea (even if they don't ) is always welcome - especially if followed by the acceptance of whatever the charge (ultimately) is.

I wish you the best - and keep an eye on the speed from now on

 

[HighwayMan]

I called the court and the clerk had a judge get back to me (does this make any sense?)

Not really. But that's not your fault.

Hopefully they'll be past the 45 day limit and I can ask for a dismissal based on speedy trial (dunno if that actually works).

No, it won't work.

My best defense is to be humble and meek and show that I've learned my lesson (I think?). So should I email the town prosecutor and ask if they hear speeding tickets?

You have no defense. If you go to trial you will lose. You need to contact the prosecutor and find out what your options are.