• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Got a Speeding ticket and officer lied!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

warren40

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

I was driving in the state of New York driving a friend and her son to the hospital as he had just broke his wrist during a snowboarding accident a few hours before. I was just visiting New York state as my car is registered in Florida and I am licensed to drive in Florida.

I was driving down a stretch of road where the speed limit was constantly changing from 55 to 45. The unmarked car was following me for at least 10 - 15 miles before he radios a state trooper to pull me over because he was too scared to do it since he was all alone and was intimitaded by my rear tinted window.

He comes up to my car with the troopers and says you were going 65 miles per hour. I know I was not and said I wasnt. Then he asks do you know the speed limit? I said at which point of the road? he says it was 45 mph, I had to do 90 just to catch up to you.. This already is a lie since he was behind me the whole 10 - 15 miles I was on this stretch of road. On the ticket he lies and writes down that I was doing 70MPH even though he just told me infront of the troopers that I was doing 65 which I know I wasnt doing more than 55 and my speedometer is accurate as I have tested it.

What can I do to prove he lacks any standing and lacks integrity for him telling me he did 90 to catch up to me when he was traveling no more than 3 car lengths behind me the whole time, and he put I was doing 70 on the ticket when there was no way I was even doing 65 as he told me when he approached the car?



Then he says I went through a red light.. Well the light changed from yellow to red as I was traveling through it and it would not have been safe to slam on the brakes.

Whats up with that? The other side of traffic didnt even have a green light yet.

Then he gives me a ticket for tinted windows saying they were too dark when #1 he didnt test how dark they actually were and #2 my car is registered and I am licensed in another state and was just visiting a friend.

Then when he leaves the state trooper comes back and gives me the tickets and tells me to just go to court and hopefully the detective who issued the tickets wont show up as he told us he doesnt think you will show up to court to fight the tickets..

If he doesnt show up do they all get dismissed?What is the name of your state (only U.S. law)?
 


racer72

Senior Member
Well the light changed from yellow to red as I was traveling through it and it would not have been safe to slam on the brakes.
Then you were driving to fast for the conditions.

You really need an attorney.
 
If he doesnt show up do they all get dismissed?
Yes.* <-- Notice the Astrix

*Under the sixth amendment you have the right to confront your accuser(in this case, the cop). You can ask for a dismissal on these grounds, but there is always a chance that a magistrate could declare a continuance and re-schedule. Keep in mind, police officers get paid overtime to show up in court. Chances are they will. You really ought to show up with a lawyer.

Usually a police officer's word is taken over the word of a citizen. Kinda sucks, but thats how it works. But if his story has that many holes in it, a skilled litigator could make him look like a buffoon.
 
Last edited:

Proseguru

Member
Sounds like the cop was cutting the OP a "break" by not giving him moving violations.

The OP is free to make his arguments ... I don't think that the cop can testify to the % tinting w/o actually taking a measurement but the OP should check any possible case law to double check.
 

HighwayMan

Super Secret Senior Member
I don't think that the cop can testify to the % tinting w/o actually taking a measurement but the OP should check any possible case law to double check.
He doesn't need to testify to anything other than the glass was less than 70 percent visible light transmittance. I don't need a tintmeter to do that.

Any noticeable tint in New York State is illegal.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top