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Stalker Dual Speeding ticket Upstate New York

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ginamaria

Junior Member
What is the name of your state (only U.S. law)? New York State. Police officer in small town pulls up behind me from a driveway and ask for my documents. I ask him why he pulled me over and he doesn't answer me. I thought it was due to my GPS on my passenger seat? It panicked me that a cop pulled me over on a sunday on a small street. I had no idea why? Asked him to please tell me and he says that I was doing 47 in a 30mph zone. Impossible! Told him I wasn't cause I was moving slowly. So upset about this. I never drive a such a high speed on a small street. What can I do?
 


Isis1

Senior Member
you have the option of contesting the ticket and proving you were not speeding.

A) prove the officer falsified his information
B) prove the device under which was used to determine your speed was faulty

you can pay the fine and endure the points on your driving record.
 

Zigner

Senior Member, Non-Attorney
May I suggest that you seek counseling or some other intervention to help overcome your panic attacks?
 

ginamaria

Junior Member
you have the option of contesting the ticket and proving you were not speeding.

A) prove the officer falsified his information
B) prove the device under which was used to determine your speed was faulty

you can pay the fine and endure the points on your driving record.
Do you have experience with this? Looking for someone that understands that these devices are very faulty and to explain how I can go about contesting this ticket without actual proof. I do not have video footage nor a witness.
 

b4sniper

Junior Member
you have the option of contesting the ticket and proving you were not speeding.

A) prove the officer falsified his information
B) prove the device under which was used to determine your speed was faulty

you can pay the fine and endure the points on your driving record.
Why must the driver prove that the officer falsified his information or the device/technique used to capture the driver's speed.

Common sense tells me that the officer should prove that the driver sped in the first place. If the officer was driving at the same rate of speed to measure how fast the driver was going, it's just a matter of he/she said, and the driver will obviously lose.

Why isn't this the case?

Short of seeking an attorney, what advice can be given to prevent something like this in the future?
 
Why must the driver prove that the officer falsified his information or the device/technique used to capture the driver's speed.

Common sense tells me that the officer should prove that the driver sped in the first place. If the officer was driving at the same rate of speed to measure how fast the driver was going, it's just a matter of he/she said, and the driver will obviously lose.

Why isn't this the case?

Short of seeking an attorney, what advice can be given to prevent something like this in the future?

Because he's being charged with a moving violation and providing proof that he wasn't speeding is his only defense. In a case of he said/she said the officer's testimony will carry more credibility. The officer has no motivation to lie. The driver does. To prevent something like this in the future pay attention to your speed and slow the heck down.
 

HighwayMan

Super Secret Senior Member
Looking for someone that understands that these devices are very faulty...
You won't find anyone because "these devices" are very accurate. If you want to make a big case out of this it will cost you a lot of money. By the way, where was this? Specifically what court? Your definition of "upstate" may differ from mine.

The way I see it you have a few choices...

You can consult with an attorney to see what your real options are and what it would cost to fight it out.

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.
 

ginamaria

Junior Member
Because he's being charged with a moving violation and providing proof that he wasn't speeding is his only defense. In a case of he said/she said the officer's testimony will carry more credibility. The officer has no motivation to lie. The driver does. To prevent something like this in the future pay attention to your speed and slow the heck down.[/QUOT

Stalker devices cannot identify which vehicle is speeding when there are other cars moving. It's not about a cop lying but about these devices being faulty. There is always interference. Things like GPS and rain can affect the reading. There are people that aren't speeding that get these tickets. These tickets are used to generate revenue. To assume that a cop is always right is just plain wrong.
 

ginamaria

Junior Member
You won't find anyone because "these devices" are very accurate. If you want to make a big case out of this it will cost you a lot of money. By the way, where was this? Specifically what court? Your definition of "upstate" may differ from mine.

The way I see it you have a few choices...

You can consult with an attorney to see what your real options are and what it would cost to fight it out.

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.
It happened in Dutchess County
 

HighwayMan

Super Secret Senior Member
Stalker devices cannot identify which vehicle is speeding when there are other cars moving. It's not about a cop lying but about these devices being faulty. There is always interference. Things like GPS and rain can affect the reading. There are people that aren't speeding that get these tickets. These tickets are used to generate revenue. To assume that a cop is always right is just plain wrong.
Firstly, HOW do you know it was a Stalker radar set? Were you given a supporting deposition?

WHO wrote you the ticket? A state trooper? They are the only agency I know of that supplies supporting depositions with the ticket.

Lastly, you have NO idea how speed enforcement works. The primary means of judging your speed is by independent speed estimation. The radar is simply used to confirm that estimation. The radar can be thrown out during a trial and the trooper can go just based on his estimation and win. It's that simple.
 
Since the poster goes by the name "ginamarie" wouldn't it be natural to assume that he is a "she"?

Just saying...
Grammatically, I tend to use 'he' as a generic pronoun and by the time I responded to b4sniper's post I had forgotten the OPs name let alone which sex it implied. Besides, I know of one member here who is a man, but because of his user name I think most people assume he's a woman. But you're right and not scrolling up to look was nothing but laziness on my part.
 

ginamaria

Junior Member
Complaint was made by a police officer and I was given a white printout and it has a date to appear or send in my plea. County of Albany and it says local criminal court.
 
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