NY Speeding Ticket Issued Without Radar

[Henniburger]

What is the name of your state?What is the name of your state?What is the name of your state?I live in upstate New York and on the way to work at @5:20 AM last month, I was traveling on a 30 MPH road when I noticed a car approaching from the rear at a higher rate of speed than I was going. At the time I noticed the car, it was approximately a block to a block and a half behind me. I checked my speed and I was traveling the speed limit, but had to brake shortly after that, due to a stop light. As the car got behind me, I noticed it was a police car. Since my radar detector didn't go off, and I wasn't speeding, I wasn't worried about being pulled over.

As the light turned green, the officer passed me, pulled in front of me and now I was behind the officer when we stopped at the next traffic light. Next we proceeded one more block where the officer signaled to make a left hand turn and proceeded to turn. When the officer was out of the lane I accelerated since I had slowed down for her turn and the grade of the road was slightly uphill. I own a sports car (2001 Mitsubishi Eclipse) so it makes more noise than most cars (Honda, Toyota, etc.) do when they are accelerating.

Anyway, the officer must have taken offense to the noise of my
acceleration (although there was no tire squealing) and she made a
U-turn and decided to follow me for several blocks, where I maintained a
very steady 30 MPH speed limit and obeyed all traffic laws to a T. When
I made a complete stop at the last stop sign, the officer turned on her
lights and pulled me over.

She mentioned that I was being pulled over for going 40 in a 30 MPH
zone. She also mentioned the high revving of my engine as I passed her
while turning. I told her that it was a sports car and was the nature
of the beast to be louder than most other cars (i.e. Buick, Honda, etc.)
I also asked her what radar she used to track my speed and she said
none! She said she was certified in estimating speeds of vehicles and
was writing me a ticket based on that training! I never heard of
anything so absurd in all of my life. I plan to fight this, however I
need some questions answered and I don't want to spend any money on a
lawyer, plea bargain, or strike any deal that is going to cost me for
something I DID NOT do! Here are my questions:

1) In order for the officer to judge my speed accurately, wouldn't she
have to know the exact distance between our vehicles, the exact STEADY
speed of her vehicle and the exact amount of time it took her to catch
up to me, and then calculate a complex formula in her head to figure out
my speed?
2) Does the New York certification course for speed estimation stand up
alone in court, or does it have to be used in conjunction with a radar
device, which I don't believe this car was equipped with?
3) Does the "speed estimation" training involve being in a moving
vehicle, a stationary vehicle or both?
4) The time of the event was 5:23AM, yet sunrise was officially 14
minutes later. Also, there was light fog, from the high humidity.
Wouldn't the judge take this into affect, that the visual conditions
weren't optimal for judging speeds manually?
5) When the officer pulled me over and wrote the ticket, she was
approximately 10 feet from my license plate, however she wrote the first
digit as an "H" on the ticket instead of an "A" which it actually is.
Is this a good point to prove that her vision isn't good enough to read
a letter from 10 feet away, but she can judge my speed from a block away
or is it possible to have the case dropped, since it isn't my license
plate number that she wrote down?
6) The officer didn't have a problem with my speed, because she had
passed me and was ready to turn the corner, until she heard my engine
rev up. Is that a good point to mention to the judge, informing him/her
that my car is naturally louder than most cars and there was no tire
squealing or bad intentions on my part? My muffler system is fine and
my car had its state inspection within the past month.
7) I asked for a written deposition was this a mistake? (There is a box to check on the ticket.) I'm not sure exactly what it is, but I heard it just
aggravates the officer and doesn't really help, however I'm not sure.
8)Should I question how old her certification is and how long it is
valid for?
9) I read several places on Google/Usenet that "speed estimation" is to
be used in conjunction with the beeping sound of the radar gun which she
didn't use. Does anybody know if this is true?
10) Should I ask when her eyes were last checked since she misread my
license number and she definitely misjudged my speed?
11) Should I ask why she didn't use radar since it is instantaneous and
more accurate than guessing, in many, if not most instances? Maybe she
wasn't certified at using radar, so why should she be certified at
guessing speeds?
12) Does anybody know anything about requesting a "discovery request"
for obtaining officers training records? How do you do it?
13) If police can guess speeds of cars accurately and have them hold up in court, why do they even waste money on buying radar detectors. It seems like they are wasting their money.


I want to go to court totally prepared and hopefully not have to spend a
cent on my defense if possible, because I am INNOCENT of speeding. I
know the judges tend to side with the cops so they can create revenue,
so does anybody think I have a chance of winning this case? One last
thing I should reveal. I am no angel when it comes to speed violations,
but I was guilty in all of those cases and admitted it. I currently
have 2 tickets on my license from 2002, which are expiring within the
next few months. I also just received a ticket in another locality
which hasn't been assigned a court date yet. I'm going for a plea
bargain there.


Does somebody know the answer to any or all of my questions? Has
anybody experienced a ticket strictly from an incorrectly guessing
officer? Are there some questions from above that I shouldn't ask in
court, because I don't want to make the judge angry? Are there any
additional questions I should ask?


I really appreciate any help anybody can give me to help me with this
unfair ticket!


Thank You,
Steve

[Robbie0723]

It is unlikely anything you posted will make a difference in you favor, most of your arguments risk damaging you in court, especially with your record.

Try for traffic school if available or try to plea it down.

[Curt581]

Originally Posted by Henniburger

13) If police can guess speeds of cars accurately and have them hold up in court, why do they even waste money on buying radar detectors. It seems like they are wasting their money.

The police DON'T buy radar detectors.

Idiots who want to speed and get away with it DO.

[LSCAP]

"She said she was certified in estimating speeds of vehicles and
was writing me a ticket based on that training! I never heard of
anything so absurd in all of my life."
I agree. They estimate, then verify with radar.

Don't try to ask technical questions. And No they don't estimate things like how long it took to catch up. (sounds like you were speeding till you saw the lights behind you.)
I suggest you get your speedometer checked for accuracy. If it isn't accurate then that might be some help.

If it is accurate your only defense is tell the truth. The way you told it here, but without all the foolish questions you asked.

with your record, you are probably going to need a lawyer.

[Henniburger]

I meant to say radar guns not radar detectors. Sorry...I just don't understand how a guess will stand up in court. I thought I would ask for help...not criticism!

Steve

[ljt99]

Steve - as you have discovered for yourself, most of the so-called professionals on this site are not here to help but to ridicule and insult those unsuspecting persons who come here for help and advice. Some are nice, most are not.

In regard to your speeding ticket, there are some very helpful online sites that are available if you google "fighting a speeding ticket". There are also excellent books available at your local library.

I am from Ohio, not New York, but in most states, the courts have the burden of PROVING that you WERE speeding. Not the other way around. Unfortunately there are some courts that rely strictly on the officer's testimony and consider their testimony to be "expert" but not all are like that. It is well worth taking the time to read the sites and books offering advice on fighting your ticket. One thing to start with is to check the code you were cited for and make sure it applies to your situation. Good luck.

[LSCAP]

A lot of courts only want to collect court costs.

Therefore they often give you a chance to talk to the DA who might accept a guilty plea to defective equipment.
If he lets you explain use the old advice of KISS. Keep It Simple Stupid. ( I,m not picking on you for that KISS stuff.) I'm serious. Keep your story simple. I was driving... she was behind me for a while, then ahead of me then behind me. You know .. simple.

If you want to fight it, ask for a postponement to get a lawyer.

[Henniburger]

Thanks ljt99 for the positive advice. I did notice that there are some negative people on here. I don't wish them any trouble in their lives, but I do want them to know that when you are looking for help, negative criticism isn't very helpful. Especially when they nitpick about verbiage in my original post.

Anyway, I hired a very good lawyer and I don't even have to show up for court. This handles 2 of the five pending legal battles I am currently handling with my 2 tickets, my divorce, my lawsuit against Sprint and my lawsuit against IBM.

I plan to win every one of them, thanks to the fine attorneys I have representing me. My divorce is the biggest surprise; I got the house, custody of my son and weekly support checks even though make twice as much money as she does.

Well thanks to the people who gave positive advice, and to those who gave negative advice, I feel sorry for you because you think in such a negative, can't win situation, of a life!

Steve