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NY - VTL1180D - 58/40 speeding ticket

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adamman

Junior Member
What is the name of your state? NY

I was on my way home from work tonight (10:20PM) in a 40 zone, I was in the left lane 7/10 of a mile from where I was going to go in the center turn lane to make a left turn. There was a cop in the parking lot of a gas station on the right shooting radar as I went down a hill. He pulled out and pulled me over for allegedly going 58 in a 40.

Got hit with radar. I was pretty much the only car there. There were probably some cars about a half mile back or so, but I don't remember. I know there was a motorcycle there too. I went back to the scene just now and I see that I *was* probably the only car there, judging by the steepness of the hill.

On the ticket, where it says "AFFIRMED UNDER PENALTY OF PERJURY" (then a blank) and then "(Officer's Signature)", he put his signature. The line below that, his name is computer generated. The line below that, it has a box that says "Radar Officer's Signature" and nothing is signed there.

1. Will that will free me since he didn't sign it? He signed the other part I mentioned in the paragraph above, but not the Radar Officer's Signature.

2. Does the ticket requires two signatures?

It's a New York State - Department of Motor Vehicles Uniform Traffic Ticket.

The cop asked if I knew why he pulled me over. I said no.
The cop asked if I knew the speed limit. I said 40.
The cop asked if I knew how fast I was going. I said no.
The cop asked if I looked at my speedometer. I said I glanced at it from time to time but I was not doing 58.
The cop said I was not looking at it enough to know I was not going 58.

I was too tired, so I shouldn't have said that to him.

When I handed him my registration, it was the one that came from the DMV on 7/4. My parents gave me it today but I didn't put it on my car yet. I handed it to the cop and said, "I just got this today" and he said, "the mail didn't come today". I didn't say anything else.

3. Will any of the above kill me if he puts that on his supporting deposition?

4. I was really tired and didn't eat all day. I told the cop, "I work 7 days a week" and he said, "so do I"... so if I do a discovery, and ask for his past month's work records and it shows he does not work 7 days a week (which he probably doesn't), could I try and attack his credibility since he lied?

5. Does NY allow for Discovery?
6. Is there a letter I should write in regards to discovery?

It says I have to go to Guilderland Town Court... I think a prosecutor handles it, not an ADA from the DA's office.

7. What is the difference?

When I got caught speeding on the Northway last year, that went to some traffic court over in Colonie. On the Northway, on the spot, the Trooper reduced it to a no seat belt ticket, then months later, in court, it was further reduced to a $100 parking ticket by the prosecutor.

8. So my record should still be "clean" since it showed up as a no seat belt ticket to the court and then got reduced to a parking ticket?

9. This sounds like a 3 point violation for 58/40... my dad was pulled over in Central NY for allegedly running a stop light (also 3 pts I think) and it was reduced to a $35 non-moving violation. Can I cite that "case" when asking for a plea bargain?

10. Will a plea likely get rejected because of my no seat belt ticket I got last summer 2005 (went to trial in April 2006 because the court kept putting it off in addition to a continuance I filed)?

I'm guessing the officer didn't have a visual tracking history to confirm that speed was legit. Warm summer night (78 degrees), I'm sure he was using the AC in his Impala, and I've seen radar guns get thrown off by it in Crown Vics when I went on ride-alongs.

I have reason to believe I was doing 48, not 58. When I saw movement in the dark parking lot, I suspected it was a cop, so I looked down at my speed and I was doing 48. I was confused at why he was pulling out, so I looked down at my speed, since cops usually "give" 10 over around here.

Thanks.
 


The Occultist

Senior Member
1. Doubt it. But, I will admit I don't know enough to give an accurate answer.
2. Ditto.
3. No.
4. No. First off, the lie is completely irrelevant to ANYTHING! Secondly, officers are trained to lie in the pursuit of justice. Thirdly, WHO CARES
5. Yes.
6. Google is your friend.
7. The cop can write the ticket for a lesser charge if he wants, but does not have to. The prosecutor can charge for a lesser crime, but does not have to. Just because it happened that way one time does not mean that it will or should happen again. You got lucky last time, do not expect it this time.
8. Possibly.
9. No. The prosecutor does not have to be consistent in the least when it comes to being lenient, and will not care who did what in some other case. Citing cases is, well, stupid when trying for some sort of plea bargain.
10. That's completely up to the prosecutor and cannot be predicted by anybody on this board... unless they happen to be your prosecutor.
 

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