Last Updated on: 11th January 2017, 09:18 pm
Myth 1: Tell the officer you were just passing another vehicle.
Most police officers do not accept this as an excuse. For starters, the law does not permit breaking the speed limit for any reason. In addition, officers usually recognize a reasonable passing situation when they see it. That means if you have been pulled over, the officer has determined that your speed was unreasonable and/or unsafe.
Myth 2: Tell the officer you were just going with the flow of traffic.
Even if that is true, an officer is still justified for pulling you over if you were exceeding the speed limit. The fact that other drivers were also speeding will not convince the officer to decide against giving you a ticket.
Myth 3: If you contest the ticket and the cop fails to show at the hearing, the ticket will get dismissed.
There is some truth to this. In New York, if an officer fails to show at a hearing, the judge will at first adjourn and reschedule the case for a later date. If the cop fails to show on the second or third date, it is possible the case will be dismissed. Don’t bank on this, though, as officers show up to traffic court more often than not.
Myth 4: Question the accuracy of speed radar in court.
Claiming that the radar was wrong won’t work by itself; you’ll have to submit evidence that you weren’t speeding. Some smartphone apps, like TicketDefender and Waze, record your speed as you drive. The difference between the app’s reading and the radar gun would have to be fairly substantial in order to get the ticket dismissed and even then, if the evidence you submit still shows you were speeding, the ticket could still stand.
Myth 5: If some of the information on the ticket is incorrect, the ticket will be dismissed.
Again, there is some truth to this, but the error has to be significant. For example, if the officer wrote that your car was beige but it is actually silver, that is not sufficient to warrant a dismissal. Even errors in the license plate number or the spelling of your last name will be chalked up to what they are: minor clerical errors. The kind of mistakes that could get a ticket dismissed are limited to things like the wrong date, an incorrect traffic code, or insufficient information on the Supporting Deposition.
What does work?
Many law enforcement officials will recommend honesty as the best policy. However, legally speaking, anything you say can be used against you in court so you should never admit to illegal behavior. No matter the circumstances, the one thing that can help is being respectful and polite to the officer at the traffic stop. If you feel the ticket is unjustified, or simply want to avoid the consequences, hire a skilled attorney who can plead your case and negotiate on your behalf in court.
Speeding tickets can cost far more than a simple $150 fine. In New York, a conviction for speeding carries at least three points on your license. Drivers will also be expected to pay up to $93 in court fees and possibly a $100 driver responsibility assessment. Speeding tickets can also increase your auto insurance premiums by hundreds of dollars.
If you or a loved one has been caught speeding, it is essential that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who have experience handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.
As the founding attorney of Rosenblum Law, Adam has built a firm that prioritizes client success and legal excellence. His leadership and vision have established Rosenblum Law as a premier legal practice for traffic and criminal defense, ensuring that clients receive the highest level of advocacy and support.