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Two vehicles on same radar reading in NY

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J

JerryTreeXprt

Guest
New Jersey, but ticket is in New York

A friend of mine and I both got pulled over and ticketed after being clocked at 102/65.

Do I have a chance if I fight based on two vehicles being ticketed on the same reading??
We were riding our motorcycles on Rt. 87. I had slowed down to allow the other rider to catch up after slowing down to zip up his jacket. The officer was coming from the opposite direction in the left lane, behind a line of cars (6-8). I'm figuring that he locked on my friend who was going much faster trying to catch up. My friend already went to court and plead guilty to 90/65. He lost site of us after passing us and we didn't see him turn around. We thought we were in the clear, but when we came up to a border patrol checkpoint the officer stopped us and exclaimed,"Wheew! 102, boys!?!?!? Pull it over there."

Does the fact that he lost site of us have any bearing?

Is it true that I am not entitled to Discovery (including the officer's notes) in a traffic case?
When I called the court to find out about requesting Discovery, I was told that I'm not entitled to it and that I could check the box requesting a supporting deposition when I plead Not Guilty.

I did check the box requesting supporting deposition and have not received anything yet. Is there a time limit for the officer to respond to this? If so, do I notify the court or just show up and request dismissal based on this??

Last question, does anyone know the time that the Speedy Trial Laws specify for a traffic case? The court typed my notice on Oct. 22 for a Dec 1 court date. If it's 30 days, I'm golden, but somehow I doubt that's the case.

Thanks! Any help is appreciated.

-Jerry
 


J

JerryTreeXprt

Guest
The officer that clocked us wrote the ticket. Border patrol officer just held us until the other arrived.
 
H

Hizzahouzah

Guest
New York State:

When requesting supporting depositions, there are two time periods involved.
The first is 30 days from when you are issued the ticket to make your plea and subsequently request this information. The second is 30 days for which the officer is supposed to provide you the supporting documents. I don't know what statute of limitations, if any, apply to traffic violations, as I am being given a court date of 12/7/04 for a violation on 9/18/03 (see my post date 11/16/04).

I will update my results after 12/7/04, but if you didn't receive a supporting deposition, you can ask for dismissal. I have been told some contradictory information by court staff (again, see my post dated 11/16/04) regarding case dismissals.

Please give us updates as to your experience.

Thanks,

Hizzahouzah.
 

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