Let’s start with the opposite: when an officer is allowed to issue a ticket? A cop must have an objective, clearly articulable violation of an ordinance or statute which prompts the traffic stop. This is referred to as “probable cause.” There are some exceptions to this, such as an investigative stop based on reasonable suspicion of a crime. If neither of the above are the case, the stop would be considered unlawful.
That said, if you have been pulled over it is usually reasonable to assume that the officer clearly witnessed a violation. When a driver isn’t cited, it is usually because the officer exercised discretion and decided not to. Law enforcement officials have surprisingly wide latitude in discretion — they can warn or ticket for a lot of reasons, including patently superficial ones. They can also choose to issue tickets for relatively trivial offenses, or issue a warning for serious ones.
The bottom line is that there isn’t necessarily a rhyme or reason behind the decision to ticket or not ticket. Does that mean that getting off with a warning is a matter of luck? Perhaps, but there are some things you can do to increase your chances, such as:
Realize that even if you do all of the above you may still get a ticket. If you or a loved one has been ticketed for speeding or any other traffic violation in New York or New Jersey, you need expert legal counsel right away. The lawyers of the Rosenblum Law Firm are skilled traffic ticket attorneys who are experienced in 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.
This post was last modified on October 10, 2017 4:25 pm
Niagara County is home to the U.S. portion of Niagara Falls and is part of…
Located along the southern coast of Lake Ontario, Monroe County is the birthplace of many…
Montgomery County is located in the central part of New York State. It lies west…
Located just east of New York City, Nassau County has some of the highest property…
Essex County is bordered on the east by Lake Champlain, which serves as the New…
Considered part of the Buffalo-Niagara Falls metropolitan area, Erie County is the seventh-most populated county…