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Police Use of Pacing to Convict for Speeding in NY

Speeding tickets are far and away the most issued traffic ticket by police officers.  Speeding tickets have been given out for decades and people driving in NY are still caught speeding by the dozens each day.  Police officers can use a variety of methods to detect how fast you are going including pacing, aircraft, radar and laser. 

Police officers are trained to use various types of equipment, their observation and other techniques such as pacing to detect how fast a driver is going.  Police officers use pacing quite often when they are not in a proper position to use a radar and can visually see that a driver is breaking the law.  Pacing is when a patrol vehicle is following your car at the same rate of speed and the officer checks their speedometer to see how fast you were going.  A police officer can use the pacing method to charge you with a speeding ticket in NY and you can be found guilty of the charges in court.

Usually the officer first will observe the vehicles on the road and if he/she suspects that you were speeding then the officer will pull out from his parked position and begin to speed up to catch your car.  The police officer is required to maintain a constant speed between the police vehicle and your vehicle long enough so that a reasonably accurate estimate of the speed can be made.

How Can I Fight My Speeding Ticket Where The Officer Paced My Car?

It’s quite technical and involves the ability to effectively communicate your findings in court but pacing tickets can be fought and won in court.  This means that hiring an experienced traffic defense attorney to argue your case in court will prove worthwhile.

First when an officer paces your car there are many different variables that need to be accounted for to accurately determine a speed.   The road that you are driving on can have traffic lights, curves and other obstacles that make it difficult for a police officer to pace your car.  Generally a straight road with no curves, hills or dips yields the best results for officers when pacing your car.

Also, officers are required to keep a constant distance between cars to get an accurate pace.    This means that officer must maintain an equal distance between vehicles and be as close as possible.  If you observe that the officer was farther away when beginning to pace you then it will be easier to fight your ticket and get the case dismissed.

Is Fighting a Speeding Ticket Based on Pacing a Good Idea?

Even the best prepared defense can fail. Judges usually side with the officer so if an attorney can negotiate a reduction of your speeding ticket, that might be the best option instead of rolling the dice at trial which could lead to a conviction.

Should I Consult With A Traffic Defense Attorney?

An experienced licensed attorney can help analyze the facts of your speeding ticket case and see whether conditions existed in which the officer did not use the appropriate steps to clock your speed.  An attorney can also help argue your case in front of the judge and help you prove your case.  Contact the attorneys at The Rosenblum Law Firm today for a free consultation.

 

 

What Effect Will A Defensive Driving Course Have On My NY Speeding Ticket?

Defensive Driving Course
Defensive Driving Course

If you received a speeding ticket in New York you probably have a number of questions on how it will affect your license, insurance and how much will it cost you over time.  One of the main questions that drivers ask is whether a defensive driving course or going to traffic school helps in any way.  In short it can help but not in the way most people believe. 

There are plenty of misconceptions out there about a defensive driving course only because the law in every state is different.  In New York if you have a speeding ticket you can be facing fines of $235 and up.

Do My Points Get Erased In New York If I Take A Defensive Driving Course?

A defensive driving course can help lower insurance premiums but it does not completely wipe away points in New York.  In New York if you accumulate 11 points within an 18 month period then your license will get suspended.  Taking a defensive driving course will give you a credit of up to 4 points BUT only for tickets you already received. Therefore, if you get a 4 point ticket, it will reduce your point accumulation total to 0. If you got a 3 point ticket, it will reduce your accumulation to 0, etc. but if you did not get any tickets, taking the course won’t reduce anything because it can’t be used to “bank” credits for the future.

Importantly, despite the credit applying to up to 4 points you have received in the past, the whole conviction still stays on your record to be seen by your insurance company. This means that fighting your ticket and beating the ticket before you are found guilty or plead guilty is your best option to avoid paying insurance companies money.

Taking a defensive driving course will reduce your insurance premium by 10%.  You are only allowed to take the course once every three years for the 10% reduction.  At the same time certain speeding tickets are said to increase insurance rates up by 22%.

Insurance companies would like you to believe that the points are not a big deal, because you can take a defensive driving course to save you 10% on your increased rates.  However, the insurance company will make so much more money if you plead guilty to a ticket that carries a number points because you can end up paying for it with a much bigger increase than 10% for the next 3 years that was caused by the ticket you pled guilty to.

How Do I Go About Fighting My Speeding Ticket?

It might cost a little more money upfront to fight a traffic ticket at first but every point and fine that a lawyer helps drop from your license can save you hundreds of dollars over the course of 3-4 years.

Hiring an attorney is your best option because as a licensed professional an attorney is able to negotiate a reasonable settlement or possibly have the ticket dismissed all together.

The attorneys at The Rosenblum Law Firm are experienced in negotiating settlements and fighting traffic tickets.  Call today for a free consultation about your traffic ticket matter.

Why A Lawyer Can Get You a Better Plea Bargain For Your Speeding Ticket in New York

One of the most common question we’re asked is “why should I hire an attorney to fight my traffic ticket, can’t I just go take care of it myself?”  First, it is true that you don’t have to hire an attorney for a traffic ticket (don’t say “I told you so” yet), the reality is you should hire an attorney for your traffic violation matter.

In New York, a traffic violation can have a significant impact on you in a number of ways.  New York uses a point system to keep track of your driving.  Any conviction, meaning pleading guilty to a charge or being found guilty in court can lead to points against your license.  If you accumulate 11 points on your license within an 18 month period, New York’s Department of Motor Vehicles will suspend your license.

Points lead to increased insurance premiums which you can pay over an extended period of time.   Moreover New York has other hidden fines and penalties that a lot of drivers are not aware of.  New York’s Driver Responsibility Assessment program allows the DMV to assess separate fines for a period of 3 years after 6 points have accumulated on a license.  The DMV assessment starts at $300 total for the first 6 points and $75 additional for each point after 6.

Why Do I Need A Lawyer When I Can Get My Own Deal With The Prosecutor?

The main reason why you want to hire a lawyer is to get the best outcome in your case and avoid increased, fines, penalties and possible license suspension.  Some traffic offenses in New York can result even in a permanent criminal record.

A lawyer first knows how to navigate the legal system and make sure that you get the best results in your case.  Hiring an attorney means that you have an advocate that has the ability to take your matter to trial and win you a possible dismissal.  An attorney’s ability to take a matter to trial and thoroughly question the prosecutor’s evidence and cross examine the police officer, puts an attorney at a distinct advantage when it comes to negotiating a plea bargain.

Drivers who attempt to make a deal with the prosecutor on their own do not realize that a prosecutor’s goal is to get a conviction.  The prosecutor may drop your ticket down one or two points and you may take the deal not knowing that the case could have been dismissed altogether or a better plea bargain could have been negotiated.

NY State Police Issue 85 Tickets On The Taconic State Parkway

English: Image is similar, if not identical, t...
The New York State police are at it again, issuing 85 tickets at the end of February in one unfortunate town alone.  If you were driving on the Taconic State Parkway in the Yorktown area then you probably noticed that there was an unusual amount of police vehicles on the road.  Some of those drivers actually spread the word on the local town blog, Facebook and Twitter letting drivers know that a speed trap was in place.

You probably have heard that police officers may push handing out traffic violations because they have quotas to meet each month.  These traffic tickets generate a significant amount of revenue for the State and the local townships through the village and municipal courts.   Although many speculate as to whether quotas are a reality or not, looking back to last week the fact that the State Police issued 85 tickets on the last day of the month in February in Yorktown can be a pretty good indication that the police may have been playing catch up to meet their quota.

Yorktown is located in Westchester County and the Yorktown Town Court is responsible for handling all moving violations, parking violations, traffic tickets and other small claim matters.  The majority of the tickets that were issued were speeding tickets.

It’s important that drivers do their best to obey the rules of the road and be wary when they see several patrol cars on the road, because it is quite possible that a ticket blitz or speed traps may be put into place.  The New York State Police Department can issue specific directives in order to lockdown on certain traffic offenses within a certain area.

During any type of ticket blitz the police are looking for drivers that violate any traffic violation including speeding, reckless driving, driving on a suspended license, driving without insurance, DWI and similar traffic offenses. This means that the police will allow for more patrol cars on the road to set up strategic speed traps.

Another ticket that many drivers call in about is cell phone tickets.  New York now treats cellphone tickets as a primary offense, which means that they can pull you over for talking on a cellphone in the first instance.  Although the New York State Police will claim that they are merely doing their job in making sure the streets stay safe and help drivers avoid accidents, most of the people ticketed realize that its all about money at the end of the day.

If you or a loved one recently received a NY speeding ticket, contact The Rosenblum Law Firm today.

Speeding & Traffic Tickets in Harrison NY

If you have received a speeding ticket or another traffic infraction in Harrison, New York you are not alone.  With so many major roadways passing through Harrison like Interstates 95, 287, 684 and the Hutchinson Parkway, police are on the lookout to ticket drivers breaking the law.  In Harrison, police are notorious for setting up speed traps in strategic locations to ticket drivers.

A motor officer writes a traffic ticket for a ...
A motor officer writes a traffic ticket for a motorist caught speeding Photo

Each year the Harrison Town Court disposes of thousands of traffic tickets with the vast majority of traffic infractions listed as speeding tickets.

Harrison is a sixteen square mile suburb located in Westchester County, New York. When an officer hands you a traffic ticket, not only does the ticket indicate what you are being charged with (speeding, improper turn, failure to yield, etc.) but it also is a summons requiring you or your attorney to appear in court.  The Harrison Town Court handles all traffic matters including moving violations, parking tickets, DWI’s and speeding tickets.

A traffic ticket is usually the only experience a driver has with the legal system.  Often times drivers are not aware of the full repercussions of a traffic violation and don’t realize that there are very good options in fighting the ticket.   The process of handling a simple traffic matter however can often be confusing if you do not have professional assistance in fighting the ticket.  The law requires that even for traffic violation matters you are innocent of the charge until the prosecutor and police officer prove that you are guilty.  If you are ready to fight the charges, this article has some great information to help you fight your ticket.

Why Should I Plead Not Guilty For My Speeding Ticket In Harrison?

If you wish to plead guilty (never recommended) and pay the fine, the instructions are listed on the back or right side of the traffic ticket.  Remember, a traffic ticket is simply a charge or accusation that a driver may have committed the alleged offense.  Once you plead guilty, your case is over and you are accepting full responsibility of the charges and penalties even if you were improperly accused.  Putting your traffic ticket in perspective, pleading not guilty means that the worst result is that you pay the fines and penalties as charged, therefore fighting the ticket means that your situation can only improve.

Your first step in fighting a speeding ticket is pleading not guilty to the charge. By answering the ticket with a not guilty plea you are letting the court know that you wish to reserve your right to take your case to trial or possibly negotiate a reduction on the charges.    Pleading not guilty is always the best option because it allows you to fight your ticket as opposed to pleading guilty and paying the fine.  If you hire an attorney, the lawyer can take care of all the required legal steps, including entering a not guilty plea on your behalf.  

Should I Hire An Attorney To Fight My Ticket? 

It’s important to remember that having a driver’s license is a privilege and one that you should protect at all costs.  A traffic violation can have serious consequences both financially and on your ability to legally drive.  It’s very important that you always maintain a clean record and stay away from points that can accumulate on to your license.

A licensed traffic defense attorney can help you fight your ticket without you ever having to come to court.  The best part is that the attorney will be able to negotiate a reduction of the charges that you are facing, which can save you hundreds in fines and increases in your insurance rates.  Contact The Rosenblum Law Firm today for a free consultation on how we can help you beat your Harrison Traffic Ticket. Call us at 888-434-0406.

Speeding Ticket in Other Counties

Finally A Valid Excuse To Get Out Of A Speeding Ticket

speeding-with-broken-brakesA Frenchman was driving his Renault Laguna to the grocery store in France when he found that his brakes were not working.  It’s not something you hear every day but when it happens it has got to be up there as a driver’s worst nightmare behind the wheel. 

The man said his car went from around 60 mph hour and every time that he tried to apply the brakes, the car kept increasing speed eventually reaching an astonishing 125 mph.  Maybe even more amazing is that initial reports indicate that the police did not issue a speeding ticket!

The man was quick to call the police and emergency services and quickly advised the driver to get to the highway for assistance.  It was there that the police caught up with the driver and made sure that the roads were clear for miles.  The man ended up driving over 100 miles away from his home until the car finally had run out of gas and stopped in a ditch, luckily no one was injured.

During the high speed chase, the police made several attempts to slow the car down and bring the vehicle to a stop.  The driver said that the gas pedal of the vehicle was stuck and that it had happened before.   The driver was hysterical over the event and suffered two epileptic seizures from the incident. The man has filed a legal complaint against the car manufacturer stating “endangerment of a person’s life”.

Because of a disability that the driver had, the Renault Laguna was altered to accommodate his condition.   The brake and gas pedals were removed and replaced with a steering wheel based system.  It is said that changing and altering the brake systems of the car would void any warranties by the manufacturer.  The Renault is currently being inspected with the driver and the car maker anxiously awaiting the results.

A few years ago Toyota had to recall more than 6 million of its vehicles for faulty brakes.  This was a result after several reports started surfacing of unintended acceleration.  The reason was said to be that the accelerator pedal would stick causing unintended acceleration or that an issue with the floor mat would cause the accelerator to get stuck.  The media ran with this story and all of a sudden Toyota was being blamed for close to 40 deaths for the problem.

The recall was made to fix the mechanical issues however since more claims of electronic failure started springing up Toyota had to take further action.  Ultimately it turned out that an investigation was launched by the National Highway Traffic Safety Administration in conjunction with NASA only to find that there were was electronic defects in the vehicle.

Canadian Licensed Driver With Traffic Ticket In New York

New York State Thruway shield
New York State Thruway shield (Photo credit: Wikipedia)

If you are a Canadian driver and received a speeding ticket in New York or some other traffic violation it is always a good idea to take care of the ticket sooner rather than later.  This doesn’t mean that you should plead guilty and pay the fines just to get it over with, because you can accumulate demerit points against your Canadian driver’s license for tickets you receive in New York.  For more information and a free phone consultation contact the attorney’s at The Rosenblum Law Firm about your New York speeding ticket at 888-434-0406. Continue reading “Canadian Licensed Driver With Traffic Ticket In New York”

Staten Island Traffic Court Judge Ordered To Take Anger Management Class

After numerous complaints, Administrative Law Judge Brian Levine of Staten Island has been ordered by an arbitrator to take anger management and human relations classes. This being the result of a 2009 incident during an open court session where Judge Levine began a heated tirade that was directed at an MTA worker defending himself on a traffic violation. Judge Levine has earned a reputation among Staten Island motorists and attorneys assigned to defend traffic violations in his court as being one of the nastiest and toughest judges in the state. Continue reading “Staten Island Traffic Court Judge Ordered To Take Anger Management Class”

Governor Wants To Make It Harder To Plead Down Speeding tickets

In his budget proposal, Governor Cuomo has called for an amendment of the Vehicle and Traffic Law (VTL) section that pertains to speeding to restrict courts from reducing certain speeding tickets to 0-point infractions.  In courts other than the Traffic Violations Bureaus of 5 boros of New York City, Rochester, Buffalo and parts of Suffolk County, a prosecutor has the option of offering to “plea bargain” or reduce speeding tickets from an offense that carries points to a 0-point offense like VTL 1201-a “Parked on Pavement”. The problem is that this ticket carries no New York State surcharge*. Cuomo argues that the state loses $58 million a year in surcharges as a result. Senate Bill S02605 calls for an amendment to the speeding law barring a plea bargain to a 0-point offense where the charged speed is more than 20 miles over the speed limit.

Continue reading “Governor Wants To Make It Harder To Plead Down Speeding tickets”

Hempstead, NY Speeding Ticket Lawyer

It is a well known fact that Hempstead is known for issuing plenty of speeding tickets. Whether traveling through back roads or on the Wantagh Parkway, you are bound to run into a police officer looking to pull you over for speeding.

Hempstead police giving a speeding ticket

Remember, every municipality in New York is going through a tough financial crisis and is dealing with major budgetary cutbacks. One of the ways towns like Hempstead have dealt with this is by increasing the amount of traffic tickets they issue in order to generate more revenue.

 

Continue reading “Hempstead, NY Speeding Ticket Lawyer”