Ithaca Lawyer: 3 Ways to Prove SPEEDING in New York

Three Ways A

Prosecutor Can Prove a 

SPEEDING TICKET

in New York

In this video, Attorney Mike Cyr explains the THREE different ways the government can prove SPEEDING against you in New York. 

There are three ways a police officer can prove a speeding ticket under New York law. 

1.  Visual estimation. 

The officer can just SAY he saw you going "x" mph based on his visual estimation compared to other cars or by counting seconds between two stationary objects, etc.  This is a skill they will say they learned in the police academy.  It is admissible. 

2.  Pacing your Car. 

The officer could drive behind you for a short period of time, look at his or her own speedometer, and then pull you over.  By looking at their own speedometer, they will say you were going "x" mph because I WAS DRIVING THE SAME SPEED BEHIND YOU.

3.  Radar.  

The State Police in the Finger Lakes region of upstate New York use the Stalker Dual Radar gun.  This device needs to be calibrated properly and used properly to be accurate.  Many Speeding cases have Radar in New York --and it is possible to challenge the accuracy of the machine at a trial. 

If you have questions about a New York SPEEDING ticket, please call us:

607-229-5184

Send me an email:  mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

www.ithacadwi2.blogspot.com

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*This video is NOT intended as legal advice.  If you are charged with a New York Speeding ticket, we strongly urge you to consult with a local. licensed attorney who practices traffic ticket defense.

*Attorney advertising

BY MIKE CYR

Ithaca Speeding Ticket Lawyer explains -- How Speeding Tickets work in New York

(image courtesy of our good friend, Atty. Joe Villaneuva -a terrific lawyer in the NYC area, www.villaneuvalaw.com)

Speeding Tickets in New York

In New York, there are several different laws that can be used against drivers who speed.  Each ticket increases its penalties depending on how fast over the speed limit you were traveling.  If you hurt a person (even you or a passenger in your car) or damage property while speeding, then you can face very serious criminal charges in addition to the ticket.

Speed can be measured by radar (see picture), or by police estimation, or by "pacing your car" [where the officer drives behind you for a set distance].  However, all of these things need to be PROVEN in Court in order to convict you of Speeding.  Also, the officer must provide information about the CALIBRATION of the Radar gun used as well as other information. 

Also, you should know that New York measures two different ways to suspend your license.  If you accumulate points on your license or if you accumulate negative safety units (as a result of DWI), then the DMV may suspend your license.  With respect to Speeding Tickets, if you get three speeding tickets in an 18 month period, then your license will automatically be suspended.  Remember, driving is a PRIVILEGE not a RIGHT in New York.

POINTS ON YOUR LICENSE

If you accumulate 11 points or get three speeding tickets on your license within 18 months, the DMV will suspend your NY driving privileges.   Your driving privileges will be suspended for 31 days for points, and 6 months for 3 speeding tickets within 18 months.  It will cost money to lift the suspension and your car insurance premiums will likely increase as well.  

SPEEDING 15 mph or Over

In NY, if you are convicted or plead guilty to a speeding ticket where you are going 15mph or more over the limit, then your car insurance premiums will be increased for at least 36 months.  This is NY Insurance Law.   However, it is important to note that many tickets can be reduced if you consult with a NY traffic ticket lawyer. 

BOTTOM LINE:

I know it is self-serving when a lawyer says --"get a lawyer" --so take this with as you will, but in my experience, I have people call me all the time who have tried, unsuccessfully to resolve their traffic tickets, and then they hire us, and we are able to get a better result.  In most of those cases, we could have probably done an even better job if the client had called us from the start.... 

I say get a lawyer because most people who don't know the law do things inadvertently that actually damage their chances of getting a great outcome.  


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi