Speeding is among the most frequent traffic violations in the US. This is why you must know how to fight a speeding ticket in NY.
Remember that receiving a traffic ticket does not always prove that you were speeding. A traffic ticket is nothing more than a notification from a police officer ordering you to appear in traffic court.
Your guilt for the ticketed offense can only be confirmed there after you’ve had a chance to defend yourself.
Let’s look at what you can do after receiving a speeding ticket in New York. Here are the simple procedures to follow.
What to Do in New York After Receiving a Speeding Ticket
1. React Quickly
After the ticket’s issue date, you have 15 days to pay or appeal it. If you don’t, you risk being suspended and charged more.
2. Consult With a Knowledgeable Speeding Ticket Lawyer
A knowledgeable traffic ticket attorney will know what to do next. They will be aware of how to question witnesses and the police officer effectively and cast doubt on the accuracy of the radar reading and the police officer’s testimony.
The greatest error you can make is to assume that since it is your first ticket, the repercussions won’t be too severe. Knowing if you could successfully contest the ticket is the best line of action.
The lawyer will help you in the case from the start until it ends and will constantly update you on any ongoing step. The lawyer will fully represent you in the traffic court and do your best to make sure your points are reduced or, conversely, make sure the case is thrown out.
When the case is almost closed, the lawyer will help you understand your options and what will happen next.
3. Check the Data on the Ticket
This should include a complete description of the incident on the ticket, including the time, date, and place of the stop, the model and make of your car, and the alleged speed.
This is crucial since any errors could be utilized to your advantage when contesting your ticket during a trial or hearing.
4. Compile Your Proof
Whether you were stopped in New York City or another part of the State will determine the amount of evidence you can gather.
You can still take pictures of the area where you were stopped to document any circumstances that would be helpful to you.
These include obstructions to speed limit signs caused by vegetation, poor lighting conditions if you were stopped at night or the usual traffic congestion at the day and time you were stopped.
5. Never Admit Mistakes
Numerous factors could affect determining your speed. Radar calibration is required for police officers regularly.
If they don’t, their dependability is called into question. Likewise, other adjacent moving objects within the radar’s cone may affect the radar’s precision.
As a result, never make any admissions.
Potential Defenses for a Speeding Ticket
If you were stopped and given a ticket for speeding, it could seem simple, but things can get much worse than you’d imagine.
In reality, you have several options for contesting your speeding penalty. Check out the options covered below.
1. Faulty Speed-Measuring Equipment
You might be able to fight a speeding ticket even when an officer uses a tool like a radar gun instead of their perception to make the determination.
The effectiveness of radar guns and other similar tools depends on how well-versed the officer is in calibrating and employing them.
Moreover, the information from the gadget may not be used as evidence if the officer improperly configured it or failed to use it to determine your speed.
2. The Area’s Speed Limit Was Missing or Improperly Posted
Everyone has experienced a situation where they drive in an unknown region and suddenly realize they exceed the posted speed limit.
This can be an issue if graffiti, trees, or other obstacles cover the speed limit signs. It also happens that there may be no signs at all along the road.
These can be used to contest your speeding ticket, but be ready to provide photographic and video evidence. This will help prove that you could not have rationally known the speed limit.
Remember that many interstate routes in New York only have speed restrictions of 40 to 55 mph. Therefore, even if you significantly exceed the posted limit, you might not be able to contest the penalty.
3. You Had a Broken Speedometer
We rarely give thought to the fact that our speedometers, along with radar guns and other devices, need regular calibration.
If your speedometer isn’t calibrated correctly, you might have been driving faster than the posted limit despite unaware of it.
To succeed with this defense, you must calibrate the speedometer correctly. Also, you should provide the judge with documentation from your mechanic proving that the device was unreliable in its initial condition.
Even though your cited speed exceeded the posted speed limit, this isn’t a foolproof defense. As a result, you should still consider doing the calibration done.
4. You Were Experiencing an Emergency
It’s not an emergency to be late for a family outing or work, but you can find yourself when speeding is required.
For instance, someone might have been bleeding out or stopped breathing, your pregnant loved one could have gone into labor unexpectedly, or you could have just learned that your house is on fire.
Any of these scenarios might be sufficient to prevent you from receiving a speeding ticket right away, but if one were to be given, they might also support your defense in traffic court.
Lastly, the judge will ultimately decide whether you had to speed and whether your speed was acceptable given the circumstances and the traffic around you.
5. Unreliable Assessment of the Officer
Officers can employ dubious techniques to establish whether a person is speeding. First, they can pace next to or follow a driver who is being investigated while driving.
When an officer is pacing, they will check their speedometer to determine the other driver’s speed. When they follow, they will check for a change in the distance between both vehicles as proof of speeding.
“Sighting” is a technique some police employ that is even less trustworthy. This happens when an officer is stopped and gauges the passing speeds of cars.
These techniques all rely on the officer’s assessment of speed being accurate, which is not always the case, particularly if the speed listed on the citation isn’t considerably higher than the legal speed limit.
If you had no choice but to speed to avoid a severe unexpected accident, you could get a chance to argue because it is necessary for an act of defense.
You can also use this defense when you speed up to avoid unexpected obstacles you view on the road or your car suddenly gets mechanical issues, and you must rush it to a garage. This may fight you from having a speeding ticket in NY.
7. When the GPS Readings are Inaccurate
The GPS may be your defense from a speeding ticket. You may have it if the GPS shows you were traveling at a lower speed than the officer’s readings.
To prove that the GPS was inaccurate for this defense to work, you must provide the necessary GPS report proving your car’s speed while the traffic officer took your car’s speed records.
Should I plead not guilty to a speeding ticket in NY?
When you prove that you aren’t guilty, you will have an opportunity to avail yourself of having an intersection on the issued charges. Therefore, it is recommended in most instances that it’s better to plead not guilty once you get a speeding ticket.
How long does speeding ticket stay on record NY?
As approved by the NY DMV, speeding tickets are temporary in the NY driver’s record from the day the violation incident occurred until the current year ends, plus three more sustainable years.
A good example is when a driver gets a speeding ticket in May of 2023; the tickets will temporarily stay on the driver’s record without any misunderstanding until January 1, 2027.
What happens if you don’t respond to a speeding ticket in NY?
When you fail to respond to the speeding ticket in NY, you can be confirmed guilty as a default conviction. If you fail to pay fees, surcharges, and fines, the debt collection agency will receive a notification through the mail 15 days from the day the violation took place.
If you know how to fight a speeding ticket in NY, the specifics of your case will determine your prospects of successfully contesting a speeding ticket.
By developing a defense that can reduce or eliminate your liability for the infraction, an accomplished traffic ticket lawyer in New York can assist you in improving your chances of beating the ticket in court.