Defending a Speeding Ticket in NY (84/65)

[Kixxis]

I was recently issued a speeding ticket for 84/65 along Interstate 88 Westbound. I live 15 minutes away and left for work at 2:15 when I need to be at work at 3:00. I was driving 67 mph when I was being overtaken by a smaller white Mazda Mazda 3. I drive a slightly lifted 99 Jeep Cherokee that is dark metallic purple in color. As I was being passed the officer was traveling in the left lane (closest to median) of the Eastbound lane as we were going under an overpass. The officer prepared for a u-turn. Further down the road, now on the westbound side, the officer was behind traffic for about a 1/2 a mile before pursuing me. The white sedan continued at their accelerated pace and were way ahead in the distance. The officer pulled me over and issued me the ticket. I believe the officer mistook my vehicle for the car passing me and when he finally got out of traffic and caught up to me, I was the only vehicle there. I wrote a letter to the District Attourny in hopes he would understand my case. They have offered to lower the ticket to a 2 point "failure to obey traffic control device". But I still believe I shouldn't have any ticket at all. Should I fight this ticket and how should I do it?

Also, upon defending my case, how do I request records to build my defense? i.e. Radar calibrations, radar instructions, 24/16 hour requirements, FCC licenses, etc.

Thank you.

[AFFA]

Re: Defending a Speeding Ticket in NY (84/65)

I wish to inform you that you may fight the ticket. You may produce a photograph or sketch of the site so that the Court may see your view point. You may undertake Discovery - Request for Production of Records, Request for Admissions and Request for Interrogatories to seek out information which may support your view point in the Court. On the date of the hearing, you may reach the Court well on time appropriately dressed and respectfully address the Judge during the hearing. The Court will consider all the facts and decide the matter.

AFF

[Highwayman]

Re: Defending a Speeding Ticket in NY (84/65)

You may undertake Discovery - Request for Production of Records, Request for Admissions and Request for Interrogatories to seek out information which may support your view point in the Court.

What is wrong with you? Even after you post wrong information AND get corrected you STILL ignore the correction and continue to post the same WRONG information. Are you a human being or some robot that just posts the same thing over and over again? HELLO? Are you listening? Do you ever actually respond? There is NO DISCOVERY in traffic cases in New York State. I've only said that at least five times in response to your misinformation.

Sorry, Disagreeable - he gets no pass this time. The last time this was discussed was just a few days ago.

The Court will consider all the facts and decide the matter.

Master of the obvious I see.

[Highwayman]

Re: Defending a Speeding Ticket in NY (84/65)

I was driving 67 mph...

Oh really? Your speedometer displays speed in one mile per hour increments??

They have offered to lower the ticket to a 2 point "failure to obey traffic control device".

That's a gift. It won't affect your insurance. If you go to trial you stand a very large chance of losing and getting tagged with 4 point SPEEDING conviction.

I don't have any idea why you think the colors of your truck and the other car are relevant, or the fact that your truck is "slightly lifted".

By the way, do not listen to AFFA - he knows nothing about New York law or criminal procedure. You cannot request any records as there is no discovery in New York State under these circumstances.

Who wrote you the ticket? A state trooper or local police?

[goddessoflubboc]

Re: Defending a Speeding Ticket in NY (84/65)

Actually in this case I disagree, color does matter.

There's no way a cop is pacing a small white Mazda then suddenly confuses it with a lifted purple jeep. More believable is the jeep was speeding, closer, and screaming look at me. No rule says they can't abandon one in favor of another offender.

Take the gift and don't run.

[Kixxis]

Actually in this case I disagree, color does matter.

There's no way a cop is pacing a small white Mazda then suddenly confuses it with a lifted purple jeep. More believable is the jeep was speeding, closer, and screaming look at me. No rule says they can't abandon one in favor of another offender.

Take the gift and don't run.

What do you mean with take the gift and don't run?

I was pulled over by a State Trooper, who had another officer with him going along the other side of my vehicle but I did not catch his name. I feel like he was supervising the officer the issues me the ticket possibly, but that's besides the matter. I have oversized tires on my jeep. No, my speedometer is not accurate and does not display in one mile per hour increments. I use my GPS for this reason.

[Highwayman]

Re: Defending a Speeding Ticket in NY (84/65)

New York State troopers do not ride with supervisors and they ride solo unless they are a field training officer with a trainee or if it's between midnight and 6:00 AM or so.

Since it was a trooper he should have issued you a supporting deposition with the ticket which provides more information.

GPS is not necessarily accurate. A defective speed measuring device like a speedometer is not a defense or justification for speeding in New York.

[Highwayman]

Re: Defending a Speeding Ticket in NY (84/65)

What do you mean with take the gift and don't run?

It means take the plea.

[Disagreeable]

Re: Defending a Speeding Ticket in NY (84/65)

The oversize tires will give you an incorrect speedometer reading in addition to the bouncing most Jeep speedometers have at high speed.

[Unregistered]

Re: Defending a Speeding Ticket in NY (84/65)

Is that really true about Jeep speedometers--still today?
Is that ever proven or shown somewhere?
It would help me in I case I have.

I will research it a little more too but I don't see anything definitive.

[Highwayman]

Re: Defending a Speeding Ticket in NY (84/65)

Is that really true about Jeep speedometers--still today?
Is that ever proven or shown somewhere?
It would help me in I case I have.

I will research it a little more too but I don't see anything definitive.

Stop posting to old threads. If YOU have a question then start your own, with the facts of YOUR case.

[adjusterjack]

Re: Defending a Speeding Ticket in NY (84/65)

Stop posting to old threads. If YOU have a question then start your own, with the facts of YOUR case.

You're spitting in the wind trying to talk to these necroposters.

This site should require everybody to register.

[Highwayman]

Re: Defending a Speeding Ticket in NY (84/65)

You're spitting in the wind trying to talk to these necroposters.

This site should require everybody to register.

Indeed it should. Or make me a moderator, lol!