Speeding ticket in NY

[jacketoffrost]

This happened in NY... along route 9W in Piermont, actually.

The cop said he clocked me as going 63 in a 40, but also said he wrote it down as 60 in a 40. It occurred at roughly 5:15am (the road was empty, 9W is classified as a Highway Type 2), and the cop also basically told me to plead not guilty and to talk to him to work something out. This is my first speeding offense, although I currently have a No Seatbelt ticket that hasn't been dealt with yet... ironically, I'm going to the court today for it because the cop (same jurisdiction, different cop) said he'd ask them to lower the cost, even if it doesn't affect my license. I also may have an "unsafe lane change" on my record, although I don't believe so, because I got it in NJ, when I had a MO license... I switched my license to NY the next day, and payed the NJ ticket 3 weeks later.

My question is threefold, really...

1.) Since this is my first speeding offense and/or my first offense that would result in points, does this help me somehow?

2.) Does what the cop said help me at all? Is it likely to even be true?

3.) Can I get off of it because we basically drove a 1/2mile before he pulled me over? The part of 9W I was on is too narrow for someone to be pulled over on (cop was in a house's parking area) so I slowed down as soon as I saw him on the side of the road, we drove for about a 1/2 mile, then he hit the flashes and I pulled over. This also places me from very far from any speed limit signs behind me, if I remember correctly... there is one in front of me, but around a bend in the road around 300ft.

Thanks for any responses!

 

[The Occultist]

1.) Since this is my first speeding offense and/or my first offense that would result in points, does this help me somehow?

The law doesn't take into account prior offenses when awarding points/fines. That is up to the courts to decide, and nobody here is psychic.

2.) Does what the cop said help me at all? Is it likely to even be true?

He might have some sway with the court, and he may indeed advise for some sort of leniency. Again, nobody here is psychic.

3.) Can I get off of it because we basically drove a 1/2mile before he pulled me over? The part of 9W I was on is too narrow for someone to be pulled over on (cop was in a house's parking area) so I slowed down as soon as I saw him on the side of the road, we drove for about a 1/2 mile, then he hit the flashes and I pulled over. This also places me from very far from any speed limit signs behind me, if I remember correctly... there is one in front of me, but around a bend in the road around 300ft.

It is not unheard of for officers to continue following for a distance to see if you commit any other infractions before they pull you over. You may also be interested in knowing that quite a few states out there require an officer observe you driving at least 1/8 mile at a speed to pull you over for it. How would a few extra feet somehow nullify the ticket?

Thanks for any responses!

Sure thing.

 

[Hey There]

Book and Websites May Supply Answers

12-05-07

jacketoffrost,

1.Getting More Information about a citation.(Discovery)
One book which should be available at a local library is published by NOLO on beating a traffic ticket.This book explains how to obtain a copy of the officer's notes by requesting Discovery.
If you go to Google and type in Discovery for Traffic Tickets ,websites on the first page will explain the simple steps to request Discovery, and if that option is unavailable in your state, how to request the same information thru a Request for Public Records.
2.Regarding Pacing used by the officer to determine speed, there are several ways the speed a driver is cited for can be in error.
In Chapter11,( pages 11, 12 & 13 ) in the book mentioned above a list of what questions to ask the officer at trial is given.
If the officer used a different method to determine speed, Chapter 11 gives a different set of questions to ask.
3.A citation of 20 mph over the speed limit carries a 4 point penalty according to two of the websites I have checked.
4.On the internet at Google typing in New York Traffic Tickets and
going to the first website, NY-TrafficTicket , you will find FAQ & DMV Points and "why fight your ticket" sections to click on.
5.( Plea bargaining on a traffic ticket )reached through Google will bring up the website Speeding Ticket--Fighting or Plea Bargaining which gives EXTENSIVE information on speeding tickets.
6. There are other websites that can be accesed by typing key words.
This takes some patience sometimes to find the information a person seeks.
7. Local rules on traffic schools should be available from a clerk at the traffic court, or by checking the website of the traffic your case is at (if they have one).

Best Regards,
Hey There