Q & A: Speeding Tickets
Q: Can I get my ticket dismissed if the officer made a mistake on it?
A: Usually not. If the police officer accidentally writes down the wrong color of your vehicle or spells your name wrong, this will not be enough to get your New York speeding ticket dismissed. Although substantial defects in the ticket may nullify its effect and lead a judge to dismiss it outright, it is best to hire a New York traffic attorney who will be able to identify these for you.
Q: After I got pulled over for speeding, I asked the police officer to show me the radar reading, but he refused. Is that appropriate?
A: Yes, it was appropriate. The law does not compel a police officer to show a driver the speed reading on a radar gun used to stop those driving above the speed limit.
Although he may choose to show you if he is feeling nice, it is certainly not required. It is also a good idea not to ask for it at all. You want to avoid doing anything that can be construed as impolite or questioning their authority.
Q: The police officer was rude to me. Can I file a complaint for this?
A: In most circumstances, no. Simple rudeness comes with the territory of dealing with a police officer. However, if the officer threatens you with his gun and you did not provoke this or he begins to physical attack you, then it is highly likely that you will be able to bring a lawsuit against him. Nevertheless, in almost all circumstances, non-violent rudeness is not something you can sue over.
Q: I was not going as quickly as the police officer claims. Is this a valid defense to my speeding ticket?
A: It depends. If you are arguing with the police officer to get out of the ticket before he gives it to you, certainly not. This type of argument should be reserved for the courtroom. Although this usually is a valid defense in court to make, it might not get you very far.
Whether we like it or not, judges generally defer to the discretion of the police officer (who took the time out of his day to go through the administrative hurdles of pulling you over and writing out a ticket) instead of you, the driver (who, in the eyes of the judge, could be saying anything to get out of the ticket).
Q: I cannot attend my trial date. What should I do?
A: In New York, if you hire an attorney, you will not have to attend the trial date. Accordingly, contact a New York traffic attorney like Adam H. Rosenblum of The Rosenblum Law Firm and he will handle the whole matter for you. However, if you do not hire an attorney, you will have to attend the proceeding or call the municipal courthouse and see if they will allow you to reschedule the date (which is rarely permitted).
Q: I missed the court date. What is going to happen to my speeding ticket?
A: Always remember that the government does have records of your traffic offense, even if you committed it while driving in another state. In other words, your speeding ticket will not go away until you adequately and properly deal with it. Failing to appear in court to contest your speeding ticket or failing to pay your ticket in a timely fashion can lead to your license being suspended.