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Was doing about 5-10mph over in NYC, offer says 21

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Mike0808

Junior Member
What is the name of your state? New York

Now before I get the rap here, I am totally aware I was in fact speeding and would normally man up and pay the fine and be done with it. However, this cop was extremely spiteful (despite me being very polite and having no prior tickets) or maybe he was simply mistaken and gave he me 21 mph over the speed limit, the exact number needed to put 6 points on my license. Considering I've been driving ticket-free since I started driving 9 years ago, this is pretty devastating to me.

The problem is there's no way I was doing 21 mph in a 50 mph zone like he said. I'm not going to lie, I may have been doing 55 or 60 tops (I was watching my odometer as I passed him), but 71 is either a total lie, or he gave me the speed he caught for the guy in front of me or something. I don't know. I was coming right up on the exit for my job so there's no way I was doing that much. I've also read after some Googling that under 15mph over the speed limit should not increase your insurance rates, which annoys me even more because was I definitely going below 15mph over the limit.

Had he given me 20 mph over the speed limit instead of 21 I wouldn't want to fight this as much since it wouldn't be worth my time, but no way am I going to stand by and accept 6 points on my previously flawless record. I plan to plea not guilty, but don't know how this works. Could I end up hurting myself or simply wasting my time in court? I don't want to waste a day of pay from work for nothing to happen. I'm sure a judge isn't going to take my word over a cop's, despite the fact that I was driving to my honest job at 5am and barely going over the speed limit. I've also attended defensive driving courses every single time I was up for it, despite having no driving history to warrant doing so. I thought this may help my case to a judge, I don't know. I find it hard to believe a judge will accept the fact that I'm saying a cop said I went 21 mph over the speed limit but it was only half that. But it's true.

I'd like anyone's opinions who have dealt with this. I'm really worried about my insurance going up like crazy now, especially since I tried real hard to keep it impeccable all these years. Thanks.
 


Hey There

Member
The Ball is in your court

3 11-08
Mike0808

I plan to plea not guilty, but don't know how this works
The following websites can assist you in knowing your rights and how to prepare a defence for yourself in court.
Type in on the Google Search Window
1.Speeding Ticket--Fighting or Plea Bargaining
2.New York State Court Procedure for traffic tickets.
will bring up a page with the following sites:
a)NY Traffic Tickets
b)How to resolve a traffic ticket infraction
c)Google Answers: New York Traffic / Tickets / Court & Law Enforcement (This cite has numerous websites to check out).
To summarize when a driver is cited for a traffic violation if he enters a not guilty plea what he is saying is that he is requiring the court to prove the charge or rule that he isn't guilty.The defendant is in court to contest the violation he was charged with. The defendant isn't required to state how fast he was going, only that he wasn't doing the speed he was cited for.
New York state uses Pacing, aircraft,VASCAR, radar and laser to guage the speed of a vehicle. All have defects in accurate readings and in order to prepare a proper defence in court the driver needs to know which method the officer used and point out which defects could have caused a erroneous reading.
Local court rules need to be checked by the defendant either through the internet or by asking a court clerk.(The clerk can tell you the rules but isn't allowed to advise you)

Keep us posted.
Best Regards,
Hey There
 

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