Error on Speeding Ticket(time)

[mannyo]

What is the name of your state? New Jersey

I received a speeding ticket yesterday in Greene County, NY for doing 77 in a 55. I know that I'm guilting of speeding, but I have a couple of issues...

The officer and I were driving in opposite directions. How did she nail me with a precise speed?(I didn't know that radar or laser could do that while vehicles are moving towards each other.) I thought that they had to be stationary. I know that I was speeding, but I wasn't doing anything above 70.

Also, since yesterday was daylight savings time, the officer put the incorrect time of 4:50pm on the ticket, while it was in fact 3:50pm. I have a receipt from Home Depot(7 miles from the location of infraction) that was timed at 4:38, and proof from EZ-Pass that I got on to the NYS Thruway heading south at 4:45.

I know that this is going to sound redundant, but can I beat this given the proof? The municipal court in Cairo is 3 hours north of where I live, and I'd have to take a day off to go fight this. I don't want to plead guilty, given that I live in NJ and I would get beat up on insurance rates. I have no problem paying a small fine if they dismiss this, but I wouldn't want to get the judge p'od. I'd appreciate any advice that can be provided.

 

[sukharev]

couple suggestions

I am not an attorney, but my guess is that time error may be irrelevant. The officer would testify she clocked you, and stopped you (will point the finger at you). However, you are not guilty until proven guilty. Please, take my advice with the grain of salt, I have not been stopped like this myself, just read about it while researching my own case.

Anyhow, your best bet is that officer does not show. You can try to request a continuance, maybe this would help. Be prepared to prosecutor tempting you to take a plee (lesser charge) - I don't recommend taking it, unless that's what you wanted. Don't know how NJ handles out of state violations, but it's possible that any one is treated the same way (point transfer is not common - you need to check with any insurance company or DMV). If that's the case then plea is practically useless (you save $100, but loose insurance premium of $1000).

Try the discovery process, see if radar or speedometer was not calibrated, there is plenty of room for mistakes there. Read up the info on available websites, your case is quite typical and there are defenses for it. For example, if the traffic was heavy, then you have a good chance another car caused the reading. If you have a common make and model, how did the officer make sure it was your car, and not another one just like it? Get recommended case law for NY (and NJ). Go back to the spot, see if there are any power lines nearby, take a picture. They cause radar interference.

 

[divgradcurl]

What is the name of your state? New Jersey

I received a speeding ticket yesterday in Greene County, NY for doing 77 in a 55. I know that I'm guilting of speeding, but I have a couple of issues...

The officer and I were driving in opposite directions. How did she nail me with a precise speed?(I didn't know that radar or laser could do that while vehicles are moving towards each other.) I thought that they had to be stationary. I know that I was speeding, but I wasn't doing anything above 70.

Also, since yesterday was daylight savings time, the officer put the incorrect time of 4:50pm on the ticket, while it was in fact 3:50pm. I have a receipt from Home Depot(7 miles from the location of infraction) that was timed at 4:38, and proof from EZ-Pass that I got on to the NYS Thruway heading south at 4:45.

I know that this is going to sound redundant, but can I beat this given the proof? The municipal court in Cairo is 3 hours north of where I live, and I'd have to take a day off to go fight this. I don't want to plead guilty, given that I live in NJ and I would get beat up on insurance rates. I have no problem paying a small fine if they dismiss this, but I wouldn't want to get the judge p'od. I'd appreciate any advice that can be provided.

Your "proof" is going to show that you weren't at the location of the ticket when the ticket was given, right? Well, the ticket is going to have your driver's license number, car license number, and your signature -- how did the officer get all of that info if he or she didn't stop you?

 

[mannyo]

Your "proof" is going to show that you weren't at the location of the ticket when the ticket was given, right? Well, the ticket is going to have your driver's license number, car license number, and your signature -- how did the officer get all of that info if he or she didn't stop you?

You're right. I just called the municipal court, and the clerk told me that with errors, they just write new tickets. How is it that drug dealers can get off on technicalities, but I can't escape this? lol

Now, I just have to fill out the ticket and mail it back to them and await a fine. Jersey has everything on the back of the ticket. Everyone pays the same fine when you plead guilty. So basically, if this township needs to close a gap in their budget, they can charge me up the rear end and there is nothing that I can do about it.

Anyway, thank you to sukharev & divgradcurl for responding.