A dismissal of speeding ticket in is very hard to obtain. Most police officers who issue such tickets are familiar with what they need to say, and great deference is given to their testimony. With that said, there are things that will help you beat your ticket.
The most common way to win is if the officer doesn’t show up for your trial (sometimes two or more “no shows” are needed). Without the issuing officer, the People cannot prove its case. The motorist faced with an unavailable officer should move to dismiss based on “failure to prosecute”.
The next way that a speeding ticket will be dismissed is when the police office makes a major mistake during the trial. Major mistakes include omitting critical information, testifying inconsistently or committing some type of other error. For instance, we recently had an officer who testified perfectly about a speeding charge except he stated that the motorist was proceeding southbound. We adeptly pointed out to the judge that the ticket stated “N/B” (i.e., northbound) and, consequently, the judge dismissed the speeding ticket.
In order to avail yourself of an officer’s mistake, you should be a really good listener and take notes during his direct testimony. Also, when he rests, you get a chance to cross examine the officer. Before you start your cross, ask the officer to see his notes and other relevant paperwork. Read it and looked for anything inconsistent between those documents and his direct testimony. The more inconsistencies that you can point out to the judge, the more likely that the judge will discredit the officer’s testimony.
Outside of the Traffic Violations Bureau, a motorist in New York can also seek dismissal of a speeding ticket when he or she is not timely served with a supporting deposition. Specifically, when a supporting deposition is demanded, the officer only has 30 days to serve it. This procedure is only available if your officer did not serve the supporting deposition (with your speeding ticket) at the time of your car stop and you timely demand it (i.e., within 48 hours of the issuance of the ticket or within 30 days of the arraignment date).
The foregoing are the most common ways that a speeding ticket can be dismissed in New York. It is not an exhaustive list but certainly provides a good overview. Good luck fighting your case!
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I received a speeding ticket going s/b on Flatbush avenue. Officer said he clocked me going 55 mph in a 35. (Which was not true). There were3 cars in front of me and a few cars behind as we’ll as many car going very fast on the n/b side. Officer left vehicle type blank as well. Before officer left I asked to see hi radar results a d he pulled up to me and his gun read 54mph. Although I was not going that fast and it is his word against mine. Do I have a chance at winning this case?
T,
The only way to obtain a favorable result is by pleading not guilty. You could possibly beat this ticket but not likely based on the two items that you mentioned.
I wrote an article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It should help you better understand the process.
Matthew Weiss
I received a ticket in Florida for going 48 in a 35. However, I had my cruise control set on 40, and there were a few cars that passed me that probably were going around 45-50 right before the cop pulled me over. When he pulled me over, he asked if I knew why he was pulling me over, to which I said no, because here in Volusia County, if you go 1-5 miles over the speed limit, you are only subject to a warning, there are no fees for it. He said he was pulling me over for going 40 in a 35. He then handed me a ticket for a fine of 206. I couldn’t believe it! I later was looking it up on the Clerk’s website and realized there was no fee for going 5 over, so I was extremely confused as to why I had a fine of 206. I looked at the ticket closely, and the officer had written that I was going 48. Not 40. The 8 was written in such a way that the top of the 8 was covered by print, so at first glance I saw 40. My boyfriend was in the car with me, and we both heard the officer say I was going 40 in a 35. So I’m not sure if maybe we heard wrong, the cop wrote 48 by mistake, or he somehow radared one of the other cars that sped past me and for some reason thought he clocked my speed, because like I said, my cruise control was set on 40, and I know it’s accurate as I use it all the time and would be pulled over more often if it were off by 8 miles an hour. I’m wondering if I have a chance at fighting this. Thank you.
Felicia,
I do not handle tickets in Florida (only New York) so I cannot provide an answer. I do know that Florida traffic lawyers do not charge a lot (like $100) so you should most likely just hire one of them.
Good luck!
Matthew Weiss
I received a speeding ticket doing 90mph on a 50mph zone going northbound on the I95 last when I asked the officer can I see your speeding gun when you clocked me doing 90mph he laughed and told me “I watch too many movies “. I never received a speeding ticket and I also have a clean driving record is there any chance I could get win this ticket? And I currently have an out of state license . What can I do about this situation ?
Jose,
This is an 8-point speeding ticket that carries roughly a $300 fine and a $450 Driver Assessment Fee. You should plead not guilty and fight this ticket. This is the only way to possibly save money and points.
Matthew Weiss