How Do I Beat Radar Ticket in Upstate NY?

[genemvi]

I'm just curious - nowhere do you deny the speeding. So why shouldn't you take the consequences you've earned?

I am not doing 80 in 65 zone, I am driving usually 5-10 miles below speed limit, regardless of weather.. So it can be some errors on that device itself..There is to many things that can take not accurate reading..

 

[PayrollHRGuy]

I am not doing 80 in 65 zone, I am driving usually 5-10 miles below speed limit, regardless of weather.. So it can be some errors on that device itself..There is to many things that can take not accurate reading..

Was other traffic passing you at a pretty healthy clip?

 

[genemvi]

Was other traffic passing you at a pretty healthy clip?

I do not remember exactly. That hard to say. But I was driving at the right line. The trooper was sitting in the service line.

 

[PayrollHRGuy]

If you can't remember that you would likely be wasting your time trying to plead not guilty.

 

[genemvi]

If you can't remember that you would likely be wasting your time trying to plead not guilty.

are you aware about error on that device? about interference from other transmitters? about calibrations? tuning fork tests that shall be run prior to citation and after? about other tests on such device? How many hours of training that trooper took prior operating the unit? I find out about that from Dual Stalker Radar instruction manual.

 

[PayrollHRGuy]

I am aware all of those are issues. And when you raise them at trial the officer will likely present all that is required to prove that the unit was tested, working and he was trained. I would find it almost impossible to believe that a NY or any state for that matter has troopers out on the road that aren't trained.

So tell, when that happens how do you expect to say the radar to be making a 25 mph error when you can't even remember if cars around you were going 10, 20+ mphs faster than you were. I'll bet the trooper will will swear under oath exactly the opposite was happening.

 

[genemvi]

I am aware all of those are issues. And when you raise them at trial the officer will likely present all that is required to prove that the unit was tested, working and he was trained. I would find it almost impossible to believe that a NY or any state for that matter has troopers out on the road that aren't trained.

So tell, when that happens how do you expect to say the radar to be making a 25 mph error when you can't even remember if cars around you were going 10, 20+ mphs faster than you were. I'll bet the trooper will will swear under oath exactly the opposite was happening.

how you make up 25 mph error? 80-65=15 mph, in PA and elsewhere.. All cars drove with same speed.

 

[PayrollHRGuy]

how you make up 25 mph error? 80-65=15 mph, in PA and elsewhere.. All cars drove with same speed.

You wrote, "I am driving usually 5-10 miles below speed limit". The speed limit was 65, that means you were going 55-60. the officer says you were going 80. 80 - 55 = 25.

Now you say, "All cars drove with same speed." How do you know because earlier you wrote,"I do not remember exactly" when I asked, "Was other traffic passing you at a pretty healthy clip?"

I'm not trying to be mean here. I'm just showing you holes that they will bury you in when you try defend yourself in court.

 

[genemvi]

Points do not get eliminated by taking a class. Points do not go away and convictions do not get erased by taking a class.

I don't know or care about what the online documents say. When I check someone's driving record who has taken the class the convictions and points are still there.

The ONLY difference the class makes as far as points are concerned is that if you accumulate enough points for a suspension, your suspension gets deferred because you took the class. The points themselves do not go away.

I don't know why people get hung up on points - they mean nothing to anyone except the DMV.

A question to you..

you wrote to similar thread for Upstate NY ticket in August 1, 2014. I am quoting you again..

You can simply enter a not guilty plea and then you will be given a date to appear in court for what is known as a "pre-trial conference". At that time you'll get to meet with the prosecutor and speak with him/her. In all likelihood you will be given an offer of a reduced charge. Since the speed you are accused of is not terribly high you may even get an offer that involved no points. It's up to how they operate in that particular court.

If you really don't want to take the plea then you can insist on a trial and take your chances. Then you can do it on your own or hire an attorney then.

Just keep in mind that if you get a decent plea deal, especially one with no points, you'll be paying far less in fines then you would be paying an attorney to fight the case.

Is that applicable to my case?

You wrote, "I am driving usually 5-10 miles below speed limit". The speed limit was 65, that means you were going 55-60. the officer says you were going 80. 80 - 55 = 25.

Now you say, "All cars drove with same speed." How do you know because earlier you wrote,"I do not remember exactly" when I asked, "Was other traffic passing you at a pretty healthy clip?"

I'm not trying to be mean here. I'm just showing you holes that they will bury you in when you try defend yourself in court.

but in actual 80(as he stated)- 65=15. Plus the error from device can be -2 mph according the device manual. That will give 80-2=78. plus (in that case minus) calibrations, failure of trooper to do test with tune fork prior my citation or after...luck of training to use device or very minimal number of training hours..etc..that can go to 70-75..that will be lesser charge..if I "speed up" it will not be such high..When he stated that I was surprise..I cam easier get warning for slow drive than speed up.

 

[HighwayMan]

Every city/town/village court in the state operates differently. Much depends on the prosecutor and the judge.

If you plead not guilty you will have to appear or hire an attorney to appear for you. Everything I wrote previously applies.

 

[HighwayMan]

I am driving usually 5-10 miles below speed limit, regardless of weather...

That's very difficult to believe and I don't think any judge would believe it either.

 

[HighwayMan]

are you aware about error on that device?

And are YOU aware that the radar set is only ONE way that your speed was measured that day?

The Trooper first estimated your speed visually, and then confirmed that estimation with radar. No radar, or other mechanical or electronic device, is necessary to win a speeding conviction in New York. A visual estimate alone is sufficient.

 

[genemvi]

Every city/town/village court in the state operates differently. Much depends on the prosecutor and the judge.

If you plead not guilty you will have to appear or hire an attorney to appear for you. Everything I wrote previously applies.

I will do that you recommended in post from August 1, 2014.

 

[genemvi]

And are YOU aware that the radar set is only ONE way that your speed was measured that day?

The Trooper first estimated your speed visually, and then confirmed that estimation with radar. No radar, or other mechanical or electronic device, is necessary to win a speeding conviction in New York. A visual estimate alone is sufficient.

I still try to understand: I was driving east and trooper car was positioned in the same direction. How he can visually estimate my speed? Thought rear mirror? He was inside his car all time.

 

[Just Blue]

I still try to understand: I was driving east and trooper car was positioned in the same direction. How he can visually estimate my speed? Thought rear mirror? He was inside his car all time.

How fast were you going?