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Is it legal for a new york cop to pull you over for speeding if he can not visually see you?

Friendship, NY |

a cop came up behind me at night time to pull me over for speeding because his radar picked me up from a half a mile away so there was no way he could visually see that i was speeding

Attorney Answers 4

  1. The basis of the ticket is the radar unit. Visual sighting is not required. Nor must the officer show you the "read out" from the radar device.

    If you will lose your license you should consider retaining an attorney to represent you.

    Christopher I. Simser, Sr.
    Anelli Xavier
    269 West Jefferson Street, 2nd Floor
    Syracuse, NY 13202

  2. Sounds like a great defense until the cop swears he saw you the whole time.
    He has to observe the violation to issue the ticket.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  3. You have to be very careful with this charge as you could be facing a license revocation if this is your third speeding charge in 18 months. Also, if you are found guilty of traveling 21 miles or more over the limit (5 points), you are facing the possible lifetime review by the DMV of your driving record. If you have ever been convicted of an alcohol related offense, this will have serious consequences under the new DMV regulations.

    Please consult with a local attorney before you make any decisions on how to respond to this ticket

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

  4. No he must FIRST visually estimate.

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