Albany, New York State
i recently received a speeding ticket to which i believe that was issued to me erroneously by the issueing state police officer. i was traveling north up i-87 during lunch hour traffic, between 12noon and 1:30pm. the traffic was quite heavy and i was taveling up the second lane of three. there was one car about five car lengths in front of me, two cars in the first lane three car lengths in front of me, two cars in the first lane one half a car length beside me and two cars three car lengths behind me in the same lane that i was in. in the third lane, approximately two car lengths behind me a two toned, black & silver lexus es-300 was approaching my drivers side door at a high rate of speed (at least 20mph above the speed limit). all of the cars in mention were traveling, accept the lexus, were traveling at a speed of approximately 60mph as we approached the on ramp of exit 4 north. off to the side, between the ramp and the interchange, at mile marker 3.4, was a state trooper, out of his vehicle, bent on one knee, about five feet away from his car using video/laser radar to catch speed violators as we all approached his vehicle. upon coming in range of the trooper approximately half a mile the lexus passed me and moved into my lane in front of me. this person saw the trooper and applied his brakes quickly in front of me to avoid getting caught on radar. this sparked a chainreaction from me and the other vehicles behind me to avoid rear ending this person and each other. i moved my vehicle into the third lane. while he was applying his brakes i passed by this person at the same time passing within a 1000feet front of the trooper. the trooper jumped up from his position, tossing his equipment and wiring into the car. and tried to get onto the interchange but traffic was very heavy and prevented him from doing so immediately. i pulled into the second then into the first lane because my exit was approaching, exit 5 which was two miles away from the radar trap. i got off the exit and came to a stop at the red light at the end of the exit ramp. at that moment i looked back in the mirror and saw no one there. approximately 20seconds later looked again and saw a trooper car behind me without any lights on. the light changed color and we all proceeded through the light. i signaled to turn left. at that moment the trooper's car turned it's lights on and pulled me over. i asked the officer why he pulled me over. he told me that he caught me on radar up on the interchange doing 74mph in a 55mph. i objected to this accusation and asked him if he had seen the two toned lexus fly by me, pull into my lane, slamming on there brakes in front of me forcing me to to vear into the other lane. the officer acknowledge this happening and asked me what lane i was in. i told him i was in the third lane upon passing him. he said there you go you were in the speeding lane. again i objected and he asked about how fast do i think i was going. i said about 54mph considering i was applying the brakes to avoid hitting the lexus. i told him i saw him using video/laser radar and wanted to see the replay to verify his accusation. he told me he could not. i told him i had ever right to see if he had caught me or the lexus at the speed he was accusing me of. again he told me no and walked back to his vehicle. i told that he was mistaken and told him his accusation was unfounded considering the amount of traffic there was when he alledgedly got me on his scope. he wrote the ticket and brought it back to my vehicle and again i asked him if he would show me the proof that it was my vehichle he caught. he replyed to me "do have to tell you again what me answer is" i said yes and he walked away. i then told him i would see him in court. upon looking at the ticket the officer wrote on the ticket 75mph after telling me he caught me at 74mph. this as well i feel was not right!
My question to you is how do i fight this matter in court and do i have the legal right to view the video/laser radar he used at the time of the incident? what are my rights in this matter? what laws do i have available to me to qoute to the judge for my defense in this matter?
sincerely hopeful,
nvsounds@aol.com  | 
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